HomeMy WebLinkAbout20021070 HEARING CERTIFICATION
DOCKET NO. 2002-36
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1369
FOR A KENNEL NOT TO EXCEED 25 DOGS, TEN HORSES, AND FIVE CATS IN THE
A (AGRICULTURAL) ZONE DISTRICT - DAVID AND LONA COWAN
A public hearing was conducted on May 22, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair
Commissioner David D. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Carla Angeli
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated May 3, 2002, and duly published May 8, 2002, in the
Tri-Town Farmer and Miner and the Greeley Tribune, a public hearing was conducted to consider
the request of David and Lona Cowan for a Site Specific Development Plan and Use by Special
Review Permit #1369 for a Kennel not to exceed 25 dogs, ten horses, and five cats in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record. Carla Angeli, Department of Planning Services, presented a brief summary of the proposal
and entered the unfavorable recommendation of the Planning Commission into the record as
written. Ms. Angeli gave a brief description of the location of the facility, and stated this permit will
allow a kennel on one acre to bring the property into compliance. Ms. Angeli explained the
A (Agricultural) Zone District allows four livestock units and seven household pets per acre.
(Switched to Tape#2002-18.) She stated 12 referral agencies reviewed this proposal, two did not
respond, and the others replied with concerns which have been addressed in the Conditions of
Approval and Development Standards. Ms. Angeli stated the Sheriff's Office has expressed
concern regarding care and maintenance of the animals, how waste will be handled on the site,
noise, and enforcement of nuisance conditions. She stated the Sheriff's Office has been called to
the site by surrounding property owners on various occasions complaining of noise, dogs running
at-large, and attacks on other livestock. Ms. Angeli stated the site receives domestic water from
the Aristocrat Water Project, and has a septic system. She further stated there are two access
points,and the Department of Public Works has requested the applicant close the access on Henry
Street. Don Carroll, Department of Public Works, stated when he was at the site both accesses
were gated; however, he recommends the access on Henry Street be closed or always gated for
occasional use, because it is only 35 feet from the intersection with Lamb Avenue.
David Cowan, applicant, stated he is willing to decrease the number of dogs to 15 and the number
of horses to seven. He explained when his wife's parents come to visit they bring their horses
because they are involved in the Senior Rodeo Tour. Mr. Cowan stated he has agreed to put up
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HEARING CERTIFICATION - DAVID AND LONA COWAN (USR #1369)
PAGE 2
a privacy fence, the soils are sandy and will benefit from the fertilizer, and the access from Henry
Street is gated and wired shut because he does not use it. Ms. Angell stated this permit will allow
more animals than what is typically allowed in the A (Agricultural) Zone District; however, the
Sheriff's Office is concerned the applicant is not adequately maintaining the current amount of
animals. Mr. Cowan explained the Colorado Department of Public Health and Environment
inspected his property and found his animals in good health,with the exception of one horse which
is old and in poor health. In response to Commissioner Geile, Mr. Cowan stated several of his
dogs did escape in 2000 and killed 12 ducks owned by his neighbor. He stated the loss was paid
to the neighbor through a court order, and that has been the only occurrence in 14 years. He
reiterated that he is willing to construct a privacy fence to help control noise from barking dogs.
Karrie McCauley, surrounding property owner, stated her barn is located at the northwest corner
of the applicants' property and the dogs bark while she is trying to work with her horses. She
stated the dogs are obedient to their owners; however, the owners often wait a long time before
they come out and get them under control. She stated the dogs have escaped on several
occasions, and she has also witnessed occasions of abuse of the animals. Ms. McCauley stated
the applicants do not care for the animals they currently have and she is concerned with allowing
them even more.
Traci Deblieck, surrounding property owner, concurred with the comments of Ms. McCauley
regarding the welfare of the animals, inhumane treatment, and allowing any additional animals on
the site. Ms. Deblieck also expressed concern with the applicant's unruly animals limiting the use
of her property due to noise and odor, and added the animal waste is not maintained or removed
in an efficient manner.
Sue Kibel, surrounding property owner, stated she has lived north of the applicant for ten years,
during which time the applicants'dogs have escaped and injured or killed her livestock. She stated
the matter has been taken to court twice and she still has not been paid the court ordered fees for
damages. Ms. Kibel further stated she has tried to build a fence on four separate occasions;
however, the applicant's animals are very destructive. She added she has been attacked resulting
in continuous pain. She referred to photographs she submitted at the Planning Commission
hearing, marked Exhibit 28, and stated the applicant does not have adequate facilities for the
proposed kennel. She stated they need a six-foot chain link fence and proper kennels to ensure
the animals are no longer able to escape.
Deputy Julie Hibler, Weld County Sheriff's Office, stated her main concern is that there is no gate
to access the pens so the applicant must climb the fence to care for the animals. She stated the
applicant has no buyers for most of the liters, so they are sent to animal rescue facilities,which are
already at capacity. Deputy Hibler stated she spoke with the applicant's son on one of her site
visits and noted he had not watered the animals because it was cold and the pens are difficult to
access. She stated they were not aware that there was a sick dog in the pen, and she
recommends the applicant be required to comply with the requirements of the A(Agricultural)Zone
District. Responding to Commissioner Geile, Ms. Hibler stated the applicant would be allowed one
horse on this one-acre parcel, and she feels the applicant would be better suited to maintaining a
lesser amount of animals. She further stated she received two complaints last week, which she
reviewed for the record, and other deputies have received additional calls beyond what she has
reported. In response to Chair Vaad, Ms. Hibler stated the dogs are kept in two pens to separate
the male and female dogs; however, large groups of dogs typically result in fights. Mr. Morrison
stated the applicant would only be allowed four adult dogs and four cats, in addition to four livestock
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units. Ms.Angeli clarified the applicant would be allowed seven household pets, and eight or more
qualifies as a kennel.
Bethany Salzman,stated she has received numerous complaints regarding the number of animals
on the site. She stated the Board considered a violation on this property last October and
determined the applicant needed to reduce the number of animals or apply for a Use by Special
Review Permit.
Mr. Cowan reiterated the Colorado Department of Public Health and Environment found the
animals to be in good condition. He added there are other dogs in the neighborhood that run loose,
and his dogs are trained with shock collars to stay in his yard. He stated a six-foot privacy fence
should discourage the dogs from barking to help reduce the noise and dust. He further stated he
is willing to put the dogs in individual kennels and will continue to work with the Weld County Code
Enforcement and Sheriff's Office. He further stated the neighbors have photographs of their dead
livestock; however, they have not been able to provide evidence that it was his dogs that did the
damage. He stated there is only one instance on record where his dogs were caught and he was
required to pay a fine. If denied, Mr. Cowan requested the Board delay action on his property for
90 days to allow him adequate time to move and sell this property. Mr. Morrison stated there is a
Violation pending on this property and following direction from the Board, the County Attorney's
Office can delay an additional 90 days. Chair Vaad commented, if this is denied and action is delay
for 90 days, he would expect very strict containment and maintenance of the animals. He further
stated if there is a complaint, action would be taken. Responding to Chair Vaad, Mr. Cowan stated
he has reviewed and agrees with the Conditions of Approval and Development Standards.
Ms. Davis stated a Development Standard was inadvertently omitted from the Planning
Commission Resolution, and she requested Development Standard #22 be added to state, "This
facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
District, as delineated in Section 25-12-103, C.R.S." She stated although this property is zoned
Agricultural, it is part of a residential development. The Board indicated no opposition to this
request.
Commissioner Geile commented staff and the Planning Commission have considered the impacts
this proposal would have on the surrounding area. He stated the Planning Commission cited
concern regarding the poor quality of care given to the animals and livestock, and there is a history
of nuisance conditions reported by the surrounding property owners.
Commissioner Geile moved to deny the request of David and Lona Cowan for a Site Specific
Development Plan and Use by Special Review Permit#1369 for a Kennel not to exceed 25 dogs,
ten horses,and five cats 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 Jerke, and
upon a call for the vote, the motion carried unanimously.
In response to Commissioner Geile, Ms. Salzman stated after speaking with Animal Control, she
would recommend a 60-day delay in action based on the existing concerns. The Board indicated
its agreement to allow the applicant 60 days from the date of action for denial to bring the property
into compliance or move as suggested by the applicant. There being no further discussion, the
hearing was completed at 11:05 a.m.
2002-1070
PL1604
HEARING CERTIFICATION - DAVID AND LONA COWAN (USR #1369)
PAGE 4
This Certification was approved on the 29th day of May 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
,,�,�,o,�0������ WEL COUNTY, CPPLORA O
ATTEST:
4te 12 EL Gle C �aad, Chair L./Q�-e
Weld County Clerk to the oa . ,,,,
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1861 =` 3� i�.�
David E. .ng, Pro-Tem
BY:
Deputy Clerk to the B •
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m<�� M. J Geile
TAPE #2002-17 and #2002-18 -1 / 47 l.LT'
liam Je e
DOCKET #2002-36
R bert D. Masden
2002-1070
PL1604
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1369 - DAVID AND LONA COWAN
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 03/19/2002)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter requesting to proceed (04/24/2002)
F. James and Karen Belver E-mail of Opposition (05/13/2002)
G. Ernest and Trina Buschman E-mail of Opposition (05/21/2002)
H. Planning Staff Photo of siqn posted on site
James and Karen Belver Letter of Opposition
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