HomeMy WebLinkAbout20050120 HEARING CERTIFICATION
DOCKET NO. 2005-08
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1491
FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (FARM
EQUIPMENT AND AUTO REPAIR AND UP TO SIX(6) TRUCKS AND TRAILERS USED
FOR STORAGE) IN THE A(AGRICULTURAL) ZONE DISTRICT -TIMOTHY AND LORI
EHRLICH
A public hearing was conducted on January 12, 2005, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tern
Commissioner M. J. Geile
Commissioner David E. Long
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 December 21, 2004, and duly published
December 29, 2004, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Timothy and Lori Ehrlich for a Site Specific Development Plan and Use by Special
Review Permit #1491 for a Use Permitted as a Use by Right, an Accessory Use, or a Use by
Special Review in Commercial or Industrial Zone Districts(farm equipment and auto repair and up
to six (6) trucks and trailers used for storage) in the A(Agricultural) Zone District. Lee Morrison,
Assistant CountyAttorney,made this a matter of record. Jacqueline Hatch, 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 approximately 26.75 acres,and she reviewed the surrounding land uses. Ms.
Hatch stated the site is currently in violation,which was initiated as a result of farm equipment and
auto repair, along with trailers and trucks being used as storage on the site without the proper
zoning permits. She stated the Board considered the violation on March 12, 2002, and the case
was referred to the County Attorney's Office, with a delay in action for 120 days, and the case is
currently active and on hold pending the outcome of this Use by Special Review hearing. Ms. Hatch
stated no employees will be permitted and the hours of operation are 7:00 a.m.to 7:00 p.m.,Monday
through Saturday. She stated six referral agencies reviewed this proposal, five responded with
comments that have been addressed in the Conditions of Approval and Development Standards,
and staff has received no comments from the Platteville Fire Protection District. She further stated
staff did receive a telephone call from a surrounding property owner expressing concern regarding
the conversion of agricultural lands in Weld County. In response to Chair Jerke, Ms. Hatch clarified
the site is in the Platte Valley Fire Protection District, not Platteville. Responding to Commissioner
2005-0120
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HEARING CERTIFICATION -TIMOTHY AND LORI EHRLICH (USR #1491)
PAGE 2
Geile, Ms. Hatch stated she is not aware of a cold storage building on the site. Char Davis,
Department of Public Health and Environment,stated the site is serviced by a well which is properly
permitted for the proposed use. She stated staff is requesting an engineer's evaluation of the septic
system because of the increase in usage. In response to Chair Jerke, Ms. Davis stated although
there will be no employees, there will be some additional use because the system is currently
permitted as a residential use and it will be upgraded to a commercial use. Responding to
Commissioner Long, Ms. Davis explained the septic system is currently related to a residential use,
not the shop. She stated the system was evaluated in 2002 fora three-bedroom residence and the
use needs to be clarified for this permit. She further stated the shop restroom facility is tied into the
existing system; however, it is not noted on the permit at this time.
Donald Carroll, Department of Public Works,stated there is one major access,which is located at
the top of a hill with adequate sight distance. He stated this will be a one-man operation, and the
average daily traffic count is approximately 124 vehicles, which was taken in 2003. Mr. Carroll
stated the site is located southeast of the Town of Gill, between Highway 37 and Weld County
Road 57.
Tim Ehrlich, applicant, stated they applied for a permit for the bathroom when the shop was built,
so it should be in the records. He stated his operation provides service to the agricultural uses in
the area, such as dairies,which call him on a regular basis. He stated this permit will allow him to
work near home and spend more time with his family. In response to Chair Jerke, Mr. Ehrlich stated
when the house was built, he worked with the engineer to construct a larger system to handle the
load of a future shop. He stated the house was designed for three bathrooms; however, they only
have two because the third one is in the basement,AND he does not intend to complete that area.
He further stated the house was built in 2000 to current County standards. Responding to
Commissioner Geile, Mr. Ehrlich stated the cold storage consists of two van bodies located on the
side of the shop which he uses to store oil and his air compressor; he is not constructing a new
facility. He stated if he needs more room he will apply for an amendment and rearrange how he
stores things. In response to Chair Jerke, Mr. Ehrlich stated water in the shop IS provided by the
well.
No public testimony was offered concerning this matter. Responding to Chair Jerke, Mr. Ehrlich
stated he has reviewed and concurs with the Conditions of Approval and Development Standards
as proposed. He stated he will continue to make the necessary improvements as he has funds
available. Ms. Davis stated Condition#1.D can be deleted based on the testimony of the applicant
that the septic system for the house and shop was permitted in 2000, and staff will work to correct
the information on the permit. Mr. Ehrlich agreed with the modification and reiterated the engineer
indicated the system was adequate for both the house and shop when it was designed.
Commissioner Long moved to approve the request of Timothy and Lori Ehrlich for a Site Specific
Development Plan and Use by Special Review Permit#1491 for a Use Permitted as a Use by Right,
an Accessory Use, or a Use by Special Review in Commercial or Industrial Zone Districts (farm
equipment and auto repair and up to six (6) trucks and trailers used for storage) 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 Condition of Approval#1.D and relettering the subsequent
paragraphs. The motion was seconded by Commissioner Masden, and it carried unanimously.
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HEARING CERTIFICATION - TIMOTHY AND LORI EHRLICH (USR #1491)
PAGE 3
There being no further discussion, the hearing was completed at 3:00 p.m.
This Certification was approved on the 17th day of January 2005.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
?Mali William H. J e, Chair
g' a . , .+nty Clerk to the Board
_Thal / /
M. eile, Pro-Tem rgr•
��►� -puty Clerk to the Board �� c
D 'd E. Long
TAPE #2005-04
Robert . asden
DOCKET#2005-08 ��,y P
Glenn Vaad
2005-0120
PL1760
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1491 -TIMOTHY AND LORI EHRLICH
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 12/07/2004)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Prior to Scheduling Items, dated
12/16/2004
F. Planning Staff Certification and Photo of sign posting
G.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF JANUARY, 2005:
DOCKET#2005-08 -TIMOTHY AND LORI EHRLICH
DOCKET#2005-01 - FRANCISCO GRANADOS
DOCKET#2005-02 - DAVE AND TODD FINLEY
DOCKET#2005-03 - L.W. MILLER, LLC
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF JANUARY, 2005:
DOCKET#2005-08 -TIMOTHY AND LORI EHRLICH
DOCKET#2005-01 - FRANCISCO GRANADOS
DOCKET#2005-02 - DAVE AND TODD FINLEY
DOCKET#2005-03 - L.W. MILLER, LLC
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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