HomeMy WebLinkAbout20040544.tiff HEARING CERTIFICATION
DOCKET NO. 2004-17.a
RE: SHOW CAUSE HEARING CONCERNING AMENDED USE BY SPECIAL REVIEW
PERMIT #673 FOR A DOG KENNEL (MAXIMUM OF 16 DOGS) IN THE
A (AGRICULTURAL) ZONE DISTRICT - CATHERINE CARIASO
A public hearing was conducted on March 3, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long - EXCUSED
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated January 30, 2004, and duly published February 5,
2004, in the South Weld Sun, a Show Cause Hearing was conducted on February 18, 2004, to
consider revocation of Amended Use by Special Review Permit#673 fora Dog Kennel(maximum
of 16 dogs)in the A(Agricultural)Zone District issued to Catherine Cariaso,at which time the Board
deemed it advisable to continue the matter for two weeks to allow the respondent additional time to
bring the site into compliance. At said hearing on March 3, 2004, Lee Morrison,Assistant County
Attorney, made this a matter of record, and Chair Masden indicated Ms. Cariaso is not in
attendance. Chris Gathman, Department of Planning Services,submitted a packet of information
provided by Ms. Cariaso, marked Exhibit C, including a letter from the Colorado Department of
Agriculture and a surrounding property owner. He stated at the previous hearing staff recommended
a continuance to June 16, 2004,with the condition that Ms. Cariaso remove the kennel,downsize
to 16 adult dogs, or amend the Use by Special Review Permit to allow for additional dogs. In
response to Commissioner Geile, Mr.Gathman stated the property is within close proximity to Weld
County Road 1.
Char Davis, Department of Public Health and Environment, stated she has no comments at this
time.
Don Carroll,Department of Public Works,stated the property is located south of State Highway 60,
between Weld County Roads 1 and 3.
Theodore Schrage,surrounding property owner,stated he is opposed to the conditions which exist
at this facility. He stated there is good cause for revoking the permit because Ms.Cariaso has failed
to have the dogs debarked and they make a lot of noise. He stated there are five new homes in the
area that will be negatively impacted, and he also intends to develop his property. Mr. Schrage
expressed concern regarding odors, as well as the boarding of horses that are not well cared for.
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HEARING CERTIFICATION - CATHERINE CARIASO (AMUSR #673)
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In response to Commissioner Geile, Mr. Schrage stated there is a large manure pile in the horse
corrals,the horses are malnourished and she does not keep the water tank full. He stated he has
reported incidents to the Weld County Sheriff's Office and the responding deputy indicated he is not
prohibited from shooting the dogs if they chase his cows.
Dean Hanes,surrounding property owner,stated the permit indicates the dogs should be kept quiet
between the hours of 10:00 p.m. and 7:00 a.m.; however, they bark all day. Responding to
Commissioner Jerke, Mr. Hanes stated Ms. Cariaso does not maintain the corrals,and the horses
are not cared for.
Catherine(Dodie)Cariaso, respondent,arrived at the hearing and stated she has lived on this site
since 1981. She stated she applied for an amendment to the Use by Special Review Permit in 1988
to allow for 16 Labrador Retrievers,which she bred as a hobby. She stated her facility is inspected,
the dogs are not allowed outdoors at night,she has debarked the chronic barkers,each dog has its
own kennel, and they have never been allowed to run off her property. Ms. Cariaso stated her
neighbor, Lisa Dickens, does help care for the dogs on occasion; however, no other visitors are
allowed without an appointment. She stated the dogs have a nice temperament, they are well
trained and healthy,and she does not agree with euthenizing a dog when it is not longer useful for
breeding or cannot be placed in a new home. She further stated she will likely be moving in June,
therefore,she does not want to invest in amending the permit.Commissioner Geile commented the
issues to be addressed during this hearing are the number of dogs,removal of waste,and barking.
Ms. Cariaso acknowledged that she has exceeded the permitted amount of 16 dogs and there is
a manure pile on the property from the horse corrals; however, she does have the canine waste
removed weekly by Waste Management. She gave a brief description of how a dog is debarked and
what results, and added there was an instance last summer when she had dogs outside in the
evening because she did not have enough facilities to house them all indoors. In response to
Commissioner Vaad, Mr. Gathman stated a letter was sent to Ms. Cariaso informing her of the
issues. Ms. Cariaso stated she began dog breeding as a hobby; however, she is now a
professional dog breeder. She reiterated she does not want to amend the permit because she will
soon be moving, the Humane Society only inspects facilities if they receive a complaint, and the
Sheriff's Office responded to complaints and found the animals to be healthy and her facility in
compliance. In response to Commissioner Vaad,Ms.Cariaso agreed to reduce the number of dogs
to 16 until she moves; however, if she remains at this site, she will amend the Use by Special
Review Permit.
Commissioner Vaad moved to continue this hearing to June 16,2004, concerning Amended Use
by Special Review Permit#673 fora Dog Kennel(maximum of 16 dogs)in the A(Agricultural)Zone
District issued to Catherine Cariaso,based on the recommendations of the Planning staff,with the
Condition that Ms. Cariaso reduce the number of adult dogs to 16 until she moves or amends the
permit. The motion was seconded by Commissioner Geile. CommissionerJerke proposed setting
a deadline for meeting the restriction. In response to Commissioner Vaad, Mr. Gathman stated
Development Standard#11 allows for staff to enter the property and ensure the facility is operating
in compliance with the approved Conditions of Approval and Development Standards.
Commissioner Jerke proposed Ms. Cariaso be required to have the number of dogs reduced to 16
by March 31, 2004. Commissioners Vaad and Geile amended their motion as proposed by
Commissioner Jerke. There being no further discussion,the motion carried unanimously and the
hearing was completed at 10:45 a.m.
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HEARING CERTIFICATION - CATHERINE CARIASO (AMUSR #673)
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This Certification was approved on the 8th day of March 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
® WELD COUNTY COLORADO
ATTEST: j (,,,,�,/,,�' /,//�//I4t EL
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fo, ;. '` obert D. Masden, Chair
Weld County Clerk to the = .eoy
� �� illiam H. rke, Pro-Tern
BY: a `.�/4r.y i"� Pro-Tern
Deputy Clerk to the Boa" ``'/ \a,414" M. J. eile
TAPE #2004-10 EXCUSED
Dav' E. Loy. it
DOCKET#2004-17 (_Jiff(,
Glenn Vaad
2004-0544
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