HomeMy WebLinkAbout20022577.tiff HEARING CERTIFICATION
DOCKET NO. 2002-68
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1386
FOR A BED AND BREAKFAST FACILITY IN THE A(AGRICULTURAL)ZONE DISTRICT-
BRETT AND CHRISANN REESE
A public hearing was conducted on September 11, 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, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 23, 2002, and duly published August 28,
2002, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request
of Brett and Chrisann Reese for a Site Specific Development Plan and Use by Special Review
Permit#1386 for a Bed and Breakfast Facility 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 favorable recommendation
of the Planning Commission into the record as written. She gave a brief description of the location
of the site, which is one acre in size, and stated the applicant intends to use two bedrooms in their
home for the Bed and Breakfast. Ms. Angeli described the surrounding uses and explained the
operation will only accommodate four guests at one time. The hours of operation will be from 4:00
p.m. to 11:00 a.m., daily, and the house is currently served by a domestic well. Ms. Angeli
explained the applicant did apply for a variance to allow a cistern to accommodate the Bed and
Breakfast operations, which was approved by the Board of Health. She stated, recently staff
discovered there is a public water line for the North Weld County Water District along Weld County
Road 64. According to the Weld County Code, the applicant would have been required to use the
public water supply and a cistern permit would not have been granted. She stated a tap will cost
between $20,000 and $30,000, and this issue will need to be resolved with the applicant. Ms.
Angeli stated fifteen referral agencies reviewed this application, 13 responded favorably with
comments that have been included in the Conditions of Approval and Development Standards,and
two indicated no conflicts with their interests. In response to Chair Vaad, Ms. Angell stated the
violation on the site was initiated when an Internet site was discovered advertising the use without
a Use by Special Review Permit. She stated approval of this permit will resolve the violation.
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HEARING CERTIFICATION - BRETT AND CHRISANN REESE (USR#1386)
PAGE 2
Don Carroll, Department of Public Works, stated Weld County Road 64 ("O" Street) is designated
as a local paved road, the site is fenced, and no new accesses will be required. He further stated
the off-street parking and access is surfaced with gravel, and the applicant is not requesting any
new structures or paving. Trevor Jiricek, Weld County Department of Public Health and
Environment, clarified the Cistern Permit was issued under the assumption that no public water
source was available and a variance had been granted by the Board of Health. However, if staff
had been aware of the water line, they would have recommended denial of the Cistern Permit. In
response to Commissioner Geile, Mr.Jiricek reviewed the options as noted in staff's Memorandum,
marked Exhibit F. Responding to Commissioner Jerke, Mr. Jiricek stated the applicant is currently
using a domestic well, and, although the use will not be any more intense than typical household
use, the State Engineer's Office was adamant that a separate commercial well would be required
for the Bed and Breakfast.
Brett Reese, applicant, stated there is a domestic well on the site and if it changed to a commercial
use, they will no longer be allowed to use that water for outdoor landscaping. He further stated
purchasing a water tap is not economically feasible at an average cost of$30,000, therefore, the
cistern remains the only option. Commissioner Geile commented the City is considering
annexation in the future, and if approved, the applicant may still be faced with the situation of
connecting to city water. Mr. Reese stated annexation will not require him to convert to domestic
water if the current water source is adequate. Commissioner Jerke commented that connecting
to public water would be an asset to the property, and even if the applicant does not recover the
cost from the Bed and Breakfast operation, the property would be worth more at the time of sale.
Responding to Commissioners Geile and Jerke, Mr. Reese reviewed the maintenance care of the
cistern and the check-in and check-out times. Commissioner Jerke suggested deleting
Development Standard#6 because he feels the hours of operation are too restrictive. Responding
to Chair Vaad, Mr. Reese stated he was not aware of the water line. Mr. Jiricek stated the cost of
the tap could be considered as an undue hardship, and he is not sure what the Board of Health
would have done if it had known the line was present. Mr. Reese stated the variance was granted
knowing about the option to convert the well. Chair Vaad stated it appears the variance was
granted since changing the well was too expensive, which is consistent with the current situation
regarding the presence of a public water line.
No public testimony was offered concerning this matter. Responding to Chair Vaad, Mr. Reese
stated he has reviewed and agrees with the Conditions of Approval and Development Standards.
He stated he agrees with the deleting of Development Standard #6 and understands the
requirements of Development Standard #14 for the maintenance of the cistern. In response to
Commissioner Masden, Mr. Jiricek stated it will cost the applicant $30 per quarter to test the
cistern, which is less than the cost of providing Deep Rock water. Responding to Commissioner
Long,Chair Vaad stated the Conditions of Approval and Development Standards have been written
with understanding that a cistern would be used, therefore, no additional changes are necessary.
In response to Mr. Jiricek, Chair Vaad maintained that the variance was granted based on an
undue financial hardship and he supports the variance.
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HEARING CERTIFICATION - BRETT AND CHRISANN REESE (USR #1386)
PAGE 3
Commissioner Long moved to approve the request of Brett and Chrisann Reese for a Site Specific
Development Plan and Use by Special Review Permit#1386 for a Bed and Breakfast Facility 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. His motion also included deleting Development Standard #6, and to uphold the variance
granted. The motion was seconded by Commissioner Jerke, and it carried unanimously. There
being no further discussion, the hearing was completed at 10:35 a.m.
This Certification was approved on the 16th day of September 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ,O ` a GGle ad, Char
Weld County Clerk to t B•,. .p
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BY: • .�._
Deputy Clerk to the G��U
M. J. Geile
TAPE #2002-29 Lt / ?7 -ve
William H. Jerke
DOCKET#2002-68 EXCUSED DATE OF APPROVAL
Robert D. Masden
2002-2577
PL1625
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1386 - BRETT AND CHRISANN REESE
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 08/06/2002)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Photo of sign posted on site
F. Health Staff Memo re: Water Source (9/10/2002)
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