HomeMy WebLinkAbout20062205.tiff HEARING CERTIFICATION
DOCKET NO. 2006-50
RE: CHANGE OF ZONE, PZ #1110, FROM R-1 (LOW DENSITY RESIDENTIAL) ZONE
DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT TO ALLOW
FOR STORAGE OF LANDSCAPING EQUIPMENT AND MATERIALS, ALONG WITH
USES BY RIGHT IN THE A (AGRICULTURAL) ZONE DISTRICT - CHARLES AND
THERESA HELLMER
A public hearing was conducted on August 9, 2006, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad - EXCUSED
Also present:
Acting Clerk to the Board, Jenny Luna
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Chris Gathman
The following business was transacted:
I hereby certify that pursuant to a notice dated July 14,2006,and duly published July 19,2006,in the
Fort Lupton Press,a public hearing was conducted to consider the request of Charles and Theresa
Hellmer for Change of Zone, PZ#1110,from the R-1 (Low Density Residential)Zone District to the
PUD(Planned Unit Development)Zone District to allow for storage of landscaping equipment and
materials, along with Uses by Right in the A(Agricultural)Zone District. Cyndy Giauque,Assistant
County Attorney,made this a matter of record. Chris Gathman, Department of Planning Services,
stated the applicant requested a continuance to September 20,2006,due to the fact that they are
in Florida cleaning out the family home. In response to Chair Geile,Mr.Gathman stated the Use by
Special Review Permit application was submitted to correct a zoning violation on the property.
Further responding to Chair Geile, Mr. Gathman stated a staging area for a landscaping business
exists on-site, and the contractor does not live on the property. He further stated the business has
grown in size since the original owner sold the property to the Hellmer family. Mr.Gathman stated
the applicants are requesting a Change of Zone from R-1 (Low Density Residential) to PUD
(Planned Unit Development) in order to allow commercial uses on the property. He stated the lot
is 2.5 acres in size,therefore, it cannot be zoned agriculturally. In response to Commissioner Jerke,
Mr. Gathman stated the property is currently being utilized for landscaping operations. Further
responding to Commissioner Jerke,Mr.Gathman stated the Planning Commission hearing for this
matter was continued, and the Planning Commission has made a recommendation of denial. In
response to Commissioner Jerke, Ms.Giauque stated that if public testimony were provided at the
hearing today,Commissioner Vaad could not attend the September 20, 2006 meeting. Following
discussion between Chair Geile and Commissioners Jerke and Long, Ms.Giauque stated if a split
vote occurred at the hearing,Commissioner Vaad would be able to review the case and listen to the
tape in order to make the determining vote. Commissioner Masden stated he would like the public
to have a chance to testify today,and then continue the matter. Commissioner Jerke clarified that
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HEARING CERTIFICATION - CHARLES AND THERESA HELLMER (PZ#1110)
PAGE 2
if an audience member spoke today,only new information could be presented at the future hearing.
George Cobum,surrounding property owner,stated he would prefer to speak at the future hearing,
and expressed his frustration regarding the applicant asking for a continuation of the matter. He
further stated he will encourage other surrounding property owners to be present at the future
hearing.
Commissioner Masden stated he feels like the applicant may not be taking the matter seriously,and
concurred with Chair Geile regarding issuing a Cease and Desist Order on the property. In
response to Commissioner Masden, Mr.Gathman stated the property has been involved with the
violation process for over a year. Ms. Giauque stated the Board may make a recommendation of
a Cease and Desist Order within the Resolution;however,a Court Order cannot be obtained before
September 20,2006,since the applicants are in the State of Florida and could not be served in time.
Ms.Giauque further stated the owner would not be legally bound to abide by the Cease and Desist
recommendation. Chair Geile stated through the various continuances, the applicant has been
allowed to continue landscaping operations throughout the season.
CommissionerJerke moved to instruct staff to inform the applicants of a recommendation of Cease
and Desist of operations occurring on the site until September 20,2006,and to continue the request
of Charles and Theresa Hellmer for Change of Zone, PZ #1110, from the R-1 (Low Density
Residential)Zone District to the PUD(Planned Unit Development)Zone District to allow for storage
of landscaping equipment and materials, along with Uses by Right in the A (Agricultural) Zone
District, to September 20, 2006, at 10:00 a.m. The motion was seconded by Commissioner
Masden,and it carried unanimously. There being no further discussion,the hearing was completed
at 10:20 a.m.
2006-2205
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HEARING CERTIFICATION - CHARLES AND THERESA HELLMER (PZ#1110)
PAGE 3
This Certification was approved on the 14th day,of August 2006.
APPROVED:
E La
OARD OF OUNTY COMMISSIONERS
l� 1. .a ��� ELD C�rNTY, COLORADO
ATTEST: N
/ ^r"/•7/�p �.� �I,'0� i• /I
J. Geile,rChair
Weld County Clerk to the B..•i F)j'y`t �' �'
� `yam � (-Cr�(�cy
� , [[��,, � David E. Long, Pro-Tern 1/
BY: L- I ( lla- I/
De Cler to the Board ' F/i ?/
Wil . Jerl a�
TAPE #2006-30 \`�\�) t1Vh�am
Robert D. asden
DOCKET#2006-50 EXCUSED
Glenn Vaad
2006-2205
PL1850
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