HomeMy WebLinkAbout20051149.tiff HEARING CERTIFICATION
DOCKET NO. 2005-23
RE: SHOW CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT#1456 FOR
A KENNEL (25 CATS) IN THE A (AGRICULTURAL) ZONE DISTRICT - BARBARA
SCHOTTELKOTTE
A public hearing was conducted on July 6, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
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
The following business was transacted:
I hereby certify that pursuant to a notice dated March 18, 2005,and duly published March 23, 2005,
in the Fort Lupton Press, a public hearing was conducted on April 6, 2005, to consider whether
good cause exists for the revocation of Use by Special Review Permit#1456 for a Kennel(25 cats)
in the A (Agricultural) Zone District issued to Barbara Schottelkotte. Lee Morrison, Assistant
County Attorney, made this a matter of record, and confirmed the respondent has been properly
notified. Jacqueline Hatch, Department of Planning Services,stated Use by Special Review Permit
#1456 was approved by the Board on April 7, 2004, and she gave a brief description of the location
of the site. She stated Ms. Schottelkotte has not completed Conditions of Approval #1.B, #1.C,
#1.D, #1.G, #1.1, #1.J, or #2, and she displayed photographs of the site. Responding to Chair
Jerke, Ms. Hatch stated Ms. Schottelkotte does not live on the site; however, she does visit the site
daily to care for the cats. She stated Ms. Schottelkotte's original goal was to remove one mobile
home and live in the other and care for the feral cats roaming the area.
Char Davis, Department of Public Health and Environment, stated there are still some outstanding
issues that need to be completed. She stated Ms. Schottelkotte has submitted a Waste Handling
Plan; however, she has been unable to obtain a license from the Colorado Department of
Agricultural in accordance with the Pet Animal Care Facilities Act, due to financial limitations.
Donald Carroll, Department of Public Works, stated the property is accessed from Caroline
Avenue, and the site is surrounded by an industrial grade chain link fence.
Barbara Schottelkotte, applicant, was not in attendance, and no public testimony was offered
concerning this matter.
2005-1149
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HEARING CERTIFICATION - BARBARA SCHOTTELKOTTE (SHOW CAUSE - USR #1456)
PAGE 2
Mr. Morrison stated proper procedure would be to first determine whether there is a preponderance
of evidence indicating a failure to comply with the permit, and once a determination is made, then
the penalty must be determined. Responding to Chair Jerke, Ms. Hatch stated the photographs
were taken during the winter; however,a recent site inspection found no significant changes have
been made to the site. Ms. Hatch reviewed the outstanding items, including the need for fencing
along the northern property line,evidence of garbage removal, removal of one mobile home,building
inspections of the remaining mobile home,evidence of a license from the Colorado Department of
Agricultural in accordance with the Pet Animal Care Facilities Act, and an amended plat.
Commissioner Vaad moved to find that sufficient evidence has been provided to indicate numerous
Conditions of Approval have not been met for Use by Special Review#1456 for a Kennel(25 cats)
in the A(Agricultural)Zone District,issued to Barbara Schottelkotte. The motion was seconded by
Commissioner Masden, and it carried unanimously. Commissioner Vaad stated there is a
preponderance of evidence that indicates there has not been compliance with the Conditions of
Approval, therefore, he moved to revoke Use by Special Review Permit#1456. Commissioner
Masden seconded the motion,which carried unanimously. There being no further discussion,the
hearing was completed at 10:15 a.m.
This Certification was approved on the 11th day of July 2005.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
• knieje� /aA&, EXCUSED DATE OF APPROVAL
—'7 William H. J e, Chair
`1861 tv,
C ���. Clerk to the Board
ti
' le, Pro-Tem
ON Clerk Clerk o e Boar. EXCUSED DATE OF APPROVAL
Davi . Lon
TAPE #2005-29 -
Robert . Masden.
DOCKET#2005-23
Glenn Vaad
2005-1149
PL1710
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1456 SHOW CAUSE - BARBARA SCHOTTELKOTTE
Exhibit Submitted By Exhibit Description
A. Clerk to the Board Notice of Hearing
B. Paul and Judy Svendson E-mail of opposition, 04/04/2005
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 6TH DAY OF APRIL, 2005:
DOCKET#2005-28 - DARRELL AND NELVA BEARSON
DOCKET#2005-27 -DAVID AND SUSANNE SCHWIND
DOCKET#2005-23 - BARBARA SCHOTTELKOTTE
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