HomeMy WebLinkAbout20060041.tiff HEARING CERTIFICATION
DOCKET NO. 2006-02
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1510
FOR A SINGLE FAMILY DWELLING UNIT (OTHER THAN THOSE PERMITTED BY
SECTION 23-2-20.A OF THE WELD COUNTY CODE) IN THE A (AGRICULTURAL)
ZONE DISTRICT - ALVIN AND GAIL BRAND, JR.
A public hearing was conducted on January 25, 2006, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tern
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Jacqueline Hatch
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated January 6, 2006, and duly published January 11,
2006,in the Fort Lupton Press,a public hearing was conducted to consider the request of Alvin and
Gail Brand,Jr.for a Site Specific Development Plan and Use by Special Review Permit#1510 for
a Single Family Dwelling Unit(other than those permitted by Section 23-2-20.A of the Weld County
Code)in the A(Agricultural)Zone District. Lee Morrison, Assistant County Attorney, made this a
matter of record. Jacqueline Hatch,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 owner is
currently in violation of Weld County Zoning regulations for having two residences on one parcel.
She further stated on September 10,2002,the Board referred the violation to the County Attorney's
Office,with instruction to delay legal action for 120 days,to allow the property owner adequate time
to complete and submit a Recorded Exemption application. Ms. Hatch stated the property owner
submitted an application; however, one of the proposed lots did not meet the 2.5-acre minimum
requirement and the case was denied. She stated the applicant later submitted a Use by Special
Review Permit application; however, the request was withdrawn from the Planning Commission
Agenda on February 18,2004,and a revised application was resubmitted in March 2005. Ms.Hatch
displayed photographs of the site and surrounding area,and stated one surrounding property owner
has expressed concern with the possibility of renting the second residence. She stated eight
referral agencies reviewed this proposal, three had no comment, three provided comments that
have been addressed in the Conditions of Approval and Development Standards,and no response
was received from the City of Fort Lupton or the Platte Valley Soil Conservation District.
2006-0041
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HEARING CERTIFICATION -ALVIN AND GAIL BRAND, JR. (USR#1510)
PAGE 2
Char Davis, Department of Public Health and Environment, stated both of the residences have a
separate,permitted septic system;however,both of the homes are served bya common domestic
well. Responding to CommissionerJerke, Ms. Davis stated the site is 34 acres,and reiterated there
are two separate,permitted septic systems. Ms.Hatch explained the applicant could not meet the
2.5-acre requirement on one of the lots,therefore,they were instructed to submit a Use by Special
Review Permit application. Mr. Morrison explained the 2.5-acre requirement ensures there is
adequate room for a replacement septic system if the original system fails. He further stated the
Board can waive the 2.5-acre requirement; however, in this case there will not be adequate room
due to the well also located on the site. Responding to CommissionerJerke, Ms. Davis stated there
is only one well serving both houses. In response to Commissioner Vaad, Ms. Davis stated
asbestos is commonly used in old siding, and it is not a concern for this application.
Donald Carroll, Department of Public Works, stated the site is accessed from Weld County
Road 21,which is a local gravel road. He stated the plat shows an existing joint access at the south
end of the property,and the current average daily traffic count in this area is 80 vehicles. Ms. Hatch
stated she was recently contacted by the applicant who requested Development Standard#12 be
modified to not limit the rental abilities. She stated the change would permit rental to teachers or
other persons of a moderate income of$45,000 or less, as evidenced on income tax records.
RobertTibbles,attorney,represented the applicant and stated the applicant originally had problems
coming up with a proper alignment that would meet the 2.5-acre minimum requirement, which
resulted in this application. He stated the requested change to Development Standard #12 will
provide the property owner with the flexibility to rent to other School District staff,in addition to just
teachers, if they meet the income guidelines. Mr. Tibbles stated the applicant is a teacher and
intends to make the rental available to School District staff only. Commissioner Jerke suggested
deleting Development Standard#12,since he does not want the County involved in monitoring who
lives in rentals throughout Weld County. The Board concurred with deleting Development Standard
#12. Responding to Chair Geile, Mr.Tibbles stated he and the applicant have reviewed and concur
with the Conditions of Approval and Development Standards, as proposed and modified.
Commissioner Jerke moved to approve the request of Alvin and Gail Brand,Jr.for a Site Specific
Development Plan and Use by Special Review Permit#1510 fora Single Family Dwelling Unit(other
than those permitted by Section 23-2-20.A of the Weld County Code)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,with the deletion
of Development Standard#12. The motion was seconded by Commissioner Masden,and it carried
unanimously. There being no further discussion, the hearing was completed at 10:25 a.m.
2006-0041
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HEARING CERTIFICATION -ALVIN AND GAIL BRAND, JR. (USR#1510)
PAGE 3
This Certification was approved on the 30th day of January 2006.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
. � �, WELD CO TY, COLORADO
452
ATTEST: l .I '� yy ' 'elf 1G�,
MJ Geile, Chair
Weld County Clerk to th=; dif vii
I 0David E. Long, Pro-Tem
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D ut Cle to the Board' , Ir
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1510 - ALVIN AND GAIL BRAND, JR.
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 06/21/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Items prior to scheduling, dated
12/28/2005
F. Planning Staff Certification and Photo of sign posting
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