HomeMy WebLinkAbout20053230.tiff HEARING CERTIFICATION
DOCKET NO. 2005-71
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1519
FOR A HOME BUSINESS (PARKING AND MAINTENANCE OF TRUCKS AND
TRAILERS) IN THE A(AGRICULTURAL)ZONE DISTRICT-GLEN AND VIRGINIA VAN
OEVEREN
A public hearing was conducted on November 2, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tern
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol A. Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated October 14, 2005, and duly published October 19,
2005,in the Fort Lupton Press,a public hearing was conducted to consider the request of Glen and
Virginia Van Oeveren for a Site Specific Development Plan and Use by Special Review
Permit #1519 for a Home Business (parking and maintenance of trucks and trailers) in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record,and stated record of posting has been provided by staff. Kim Ogle,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. He stated the use is currently occurring on
the property and is in violation of the Code, since it is a commercial use without a Use By Special
Review Permit. Mr.Ogle reviewed the site location and stated it is within the three-mile referral area
for the Town of Hudson. He stated that in the referral response, the Town of Hudson indicated it
found no conflict with said application. Mr.Ogle stated the surrounding properties are primarily rural
in character,and the primary access is Weld County Road 22,which is paved. He stated the sign
was posted ten days prior to this hearing,as required by Code. Mr.Ogle stated a letter of opposition
was received prior to Planning Commission from Carole Gerkin,who has since sold her property
and is,therefore, no longer concerned about the outcome of this application. Mr. Ogle stated the
Planning Commission unanimously recommended this application unfavorably, based on
compatibility with the neighborhood. Responding to Chair Jerke, Mr. Ogle stated the Pioneer
Subdivision will be located on the other side of Weld County Road 22,north of the site. Responding
to Chair Jerke, Mr. Morrison stated new owners on a surrounding property do not create a legal
issue,since our posting and notifications followed our regulations;however,it is an issue the Board
may wish to resolve since the primary objector is no longer an owner of surrounding property. He
stated it is with the Board's discretion to continue the hearing to allow more notice,although it is not
obligated to do so. Chair Jerke stated he sees it as a potential problem, since there are two large
2005-3230
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HEARING CERTIFICATION - GLEN AND VIRGINIA VAN OEVEREN (USR#1519)
PAGE 2
property owners clearly contiguous to property, who have never been notified. He indicated he
would be in favor of a continuance. Commissioner Vaad stated he does not remember another
case in which a property transfer had occurred; however, compatibility is decisive and refers to
either current or future development of the area. He stated he would,therefore, be in support of a
continuance. Responding to Commissioner Vaad, Mr. Morrison stated the notice is usually ten
days. Commissioner Masden stated the Board has continued several cases because of notice
issues,and he is in favor of doing so with this case. Responding to ChairJerke,Mr. Morrison stated
there is no reason to hear evidence at this time if the Board is in favor of the continuance.
No public testimony was offered concerning this matter.
Commissioner Vaad moved to continue the request of Glen and Virginia Van Oeveren for a Site
Specific Development Plan and Use by Special Review Perm it#1519 fora Home Business(parking
and maintenance of trucks and trailers)in the A(Agricultural)Zone District,to November 21,2005,
at 9:30 a.m. The motion was seconded by Commissioner Masden. Commissioner Geile asked to
hear from the applicant. Virginia and Glen Van Oeveren,applicants,stated the suggested date for
a continuance is fine with them. On a call for the vote,the motion carried unanimously. There being
no further discussion, the hearing was completed at 10:15 a.m.
This Certification was approved on the 7th day of November 2005.
APPROVED:
•~e, BOARD OF COUNTY COMMISSIONERS
• '��` WELD COUNTY, COLORADO
ATTEST: auty , (r/ �i�I EXCUSED DATE OF APPROVAL
William H. Je e, Chair
Weld County Clerk to th- ;r f
CUNI�, Qieti
BY: • 0-41 Pro-Tr
Duty CI to the Boar.I
David E. Long
TAPE #2005-41
EXCUUSSED DATE OF APPR AL
RobMasden
DOCKET#2005-71
Glenn Vaad
2005-3230
PL1793
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