HomeMy WebLinkAbout20051140.tiff HEARING CERTIFICATION
DOCKET NO. 2005-29
RE: HEARING TO SHOW WHETHER GOOD CAUSE EXISTS FOR REVOCATION OF USE
BY SPECIAL REVIEW PERMIT #1100 FOR A COMMERCIAL BUSINESS (AUTO AND
FARM MACHINERY REPAIR)IN THE A(AGRICULTURAL)ZONE DISTRICT-JOE AND
RITA GAONA
A public hearing was conducted on April 25, 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, Sheri Lockman
The following business was transacted:
I hereby certify that pursuant to a notice dated April 8,2005,and duly published April 13,2005, in the
Fort Lupton Press, a public hearing was conducted to show whether good cause exists for the
revocation of Use by Special Review Permit#1100 for a Commercial Business (auto and farm
machinery repair)in the A(Agricultural)Zone District,issued to Joe and Rita Gaona. Lee Morrison,
Assistant County Attorney, made this a matter of record. Sheri Lockman, Department of Planning
Services, stated this Use by Special Review Permit was approved on January 17, 1996, at which
time screening was required for areas of vehicle storage. Following a complaint from a neighbor,
staff observed derelict vehicles located outside the designated storage area and a mobile home
without zoning or building permits. Ms.Lockman stated great progress has been made since initial
contact with Mr.Gaona,all derelict vehicles have been removed,and onlythe mobile home remains.
Ms. Lockman stated he moved the mobile home to the screened area,where he was intending to
dismantle it;however,since he does not own the mobile home,he needs time to contact the owner
and arrange for it to be removed or obtain the title. Ms. Lockman recommended continuing the case
three to six months to allow him time to do so.
Joe Gaona, applicant, stated he needs to contact the owner and get the title, but is not sure how
long that will take. He stated he has cleaned the area up and it looks good. Responding to Chair
Jerke, Mr. Gaona stated the mobile home has been on his property for five years and he has not
been paying taxes on it. Ms.Lockman stated there is no record of it being on the property,therefore,
it probably is not on County tax records. Responding to Chair Jerke, Mr.Gaona stated he will have
it removed if he cannot dismantle it. Responding to Commissioner Geile, Mr. Gaona explained he
purchased the property approximately 12 years ago,at which time he obtained the Use by Special
Review Permit. Responding further, he stated he has 6.5 acres, and the Conditions of Approval
include screening the areas where vehicles are stored so they cannot be seen from the adjacent
roadway. He stated the screening has been completed,and he only has to move the mobile home.
Responding to Commissioner Geile, Mr. Gaona stated the mobile home was not there when the
propertywas purchased,and his daughter had it moved onto the property. She was purchasing the
mobile home, however, she is not the owner and they need to find the owner.
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HEARING CERTIFICATION - JOE AND RITA GAONA (USR #1100 - SHOW CAUSE)
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Marvin Bay,adjacent property owner,stated he owns the property to the south and northeast of Mr.
Gaona. He stated it is difficult to get rid of a mobile home after it has been placed on a property
illegally, and he personally had a hired hand who set a mobile home on his property and it was
difficult to get the matter resolved;therefore,he requested Mr.Gaona be allowed adequate time to
deal with the legalities that might come up. Mr. Bay praised Mr. Gaona for his work and stated Mr.
Gaona purchased the property,built a house,is raising a family,and has been working hard to make
it all work out for the benefit of his family. He stated Mr. Gaona does need to store cars periodically
when people do not pay for repairs he has made to the vehicles. Mr. Bay stated Mr. Gaona wants
to complywith the rules; however,he did not understand the mobile home was a problem. Mr. Bay
stated Mr. Gaona is a big asset to him and the community,since he is a reliable mechanic. Mildred
Bay, Marvin's wife,stated Mr. Gaona is a good neighbor,and he helps everyone in the community
when he is able.
Janet Sullivan,owner of the Blue Diamond Car Sales in Greeley,stated she has known Mr.Gaona
for 12 years, and he is a person of character. She stated he is one in a million — a competent
mechanic who is totally honest. She asked the Board to be patient with him,since he is trying very
hard to comply and follow the rules. Ms. Sullivan stated he deserves tolerance and patience, and
it would cause a hardship to her business if she lost him as a mechanic.
Chair Jerke stated more time would make more sense than a lesser amount of time,to ensure he
has adequate time to deal with whatever legalities may arise. After a brief discussion,
Commissioner Geile moved to continue the Show Cause Hearing concerning Use by Special
Review Permit#1100 fora Commercial Business(auto and farm machinery)in the A(Agricultural)
Zone District issued to Joe and Rita Gaona, to October 26, 2005, at 10:00 a.m. The motion was
seconded by Commissioner Masden, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:20 a.m.
This Certification was approved on the 27th day of April 2005.
APPROVED:
on•i BOARD OF COUNTY COMMISSIONERS
hit I . /��` WELD COUNTY, COLORADO
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-i�.- : William H. -erke, Chair
•• , Clerk to the Board
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Deputy Clerk to the Board— "
Dav'• E. Long
TAPE #2005-22
Rob rt D. M den
DOCKET #2005-29
Glenn Vaa¢
2005-1140
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