HomeMy WebLinkAbout20040423 HEARING CERTIFICATION
DOCKET NO. 2004-11
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1449
FOR A SINGLE FAMILY DWELLING UNIT ON A LEGAL LOT AND A HOME BUSINESS
IN THE A(AGRICULTURAL)ZONE DISTRICT-TAMIJO, LLC,C/O BING AND RAEBEN
SELLERS
A public hearing was conducted on February 4, 2004, 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 January 16, 2004, and duly published January 22,
2004, in the South Weld Sun, a public hearing was conducted to consider the request of
Tamijo, LLC,do Bing and Raeben Sellers,fora Site Specific Development Plan and Use by Special
Review Permit#1449 for a Single Family Dwelling Unit on a Legal Lot and a Home Business in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, 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 stated the applicant purchased the site on April 3,2003,which had been designated
as a non-buildable lot created through an illegal land split. Ms. Hatch stated the applicant is
requesting to build a single family home and operate a home business which will be screened with
landscaping,and she gave a brief description of the location of the site and surrounding land uses.
She stated 14 referral agencies reviewed this proposal, two responded without comment, seven
responded with comments that have been addressed through the Conditions of Approval and
Development Standards,and no response was received from the West Adams Soil Conservation
District,Weld County Sheriff's Office,Town of Frederick, Broomfield County,the Colorado Oil and
Gas Commission,or surrounding property owners. Ms. Hatch displayed photographs of the site,
and stated there is an access easement from Weld County Road 10. Responding to
Commissioner Geile, Mr. Morrison stated this parcel is more than 35 acres but less than 80 acres,
so it is large enough to be conveyed but requires a permit for building a structure. He stated
approval of a Use by Special Review Permit for a single family residence on forty acres will resolve
the past conveyance issues. He further stated the applicant did explore other possibilities;however,
he decided this is the most straightforward approach to resolving the situation. Responding to
Commissioner Jerke, Mr. Morrison stated this is a legal, non-buildable lot. He explained the
subdivision regulations only deal with lots that are created less than 35 acres,and the transaction
2004-0423
PL1701
((4 ; PCB 7`/LC(32) rO.�z//r/ Y-
HEARING CERTIFICATION - TAMIJO, LLC, C/O BING AND RAEBEN SELLERS (USR #1449)
PAGE 2
of a parcel less than 35 acres can be illegal if the owner does not go through the County process.
He further stated a person can sell lots greater than 35 acres without violating any rules; however,
under zoning regulations a Building Permit cannot be issued without a Use by Special Review
Permit. Commissioner Jerke commented this parcel is legal because it meets subdivision
requirements, but it is non-buildable according to the County zoning requirement.
Char Davis, Department of Public Health and Environment, stated she has no comments at this
time.
Donald Carroll, Department of Public Works,stated Weld County Roads 10 and 17 are designated
as local gravel roads,with an average daily traffic count of 90 vehicles. He stated a 30-foot access
easement from Weld County Road 10 was created when the lots were split;however,since the land
use is changing to a residence with a home business,staff is requesting the applicant use a direct
access from Weld County Road 17 to mitigate any impact to surrounding property owners.
Bing Sellers, applicant, stated he met with staff from the Department of Planning Services who
initially indicated this was a buildable lot; however, once he purchased the site and applied for
building permits, he was informed this is a non-buildable lot. Mr. Sellers stated he has worked
diligently with staff to meet the necessary requirements, and he is willing to use an access from
Weld County Road 17 to mitigate any impacts to the neighbors. He stated 99 percent of the
construction business will occur off the site,and when not at the job site,he will park his vehicle and
trailer and tools on his property. He further stated this property was created as part of an illegal land
split by John Underhill,who also sold illegal lots to his neighbors. Mr.Sellers stated he has a good
relationship with his neighbors, although they are upset with the overall situation. He stated he
intends to maintain the propertywith an agricultural feel;however,it is not large enough for farming,
so he will supplement their income with the construction business. He stated construction is
compatible with the agricultural community,which needs his services, and the equipment will be
screened from Weld County Road 17 with a berm.
Bill Wycoff, surrounding property owner, expressed concern that comments provided by the
neighbors have not been included in the file. Esther Gesick, Deputy Clerk to the Board, stated
Nancy Fichter called this morning and her comments were typed and included in the file as
Exhibit E,at 9:00 a.m. Mr.Wycoff stated although this appears to provide closure to an illegal land
split, he is opposed to allowing a use on a lot that was previously determined to be non-buildable.
He stated he is not opposed to the plans and intentions of the applicant;however,he feels the earlier
rulings should be upheld. There being no further comments,Chair Masden closed public testimony.
Responding to Commissioner Jerke, Ms. Hatch stated Lance Unverzagt was the planner on-call
who spoke with Mr. Sellers; however, those notes and discussions are not kept as a part of the
record unless the applicant corresponds with a letter that requires a written response.
In response to Chair Masden, Mr. Sellers stated he has reviewed and agrees with the Conditions
of Approval and Development Standards as proposed. Responding to Commissioner Vaad, Mr.
Sellers stated he became aware of the property a few months prior to the purchase; however, he
was unaware of the illegal property split and the limitations on the site.
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HEARING CERTIFICATION - TAMIJO, LLC, C/O BING AND RAEBEN SELLERS (USR #1449)
PAGE 3
Commissioner Jerke commented that regardless of the past circumstances, he feels 40 acres is
more than reasonable for a single family home and a small home business. Therefore, he moved
to approve the request of Tamijo, LLC, c/o Bing and Raeben Sellers, for a Site Specific
Development Plan and Use by Special Review Permit#1449 for a Single Family Dwelling Unit on
a Legal Lot and a Home Business 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. The motion was seconded by
Commissioner Long. Commissioner Vaad commented it would be poor stewardship to leave the
land as open space that is not being maintained,and it could also become a problem for the County.
Commissioner Geile concurred and stated although there has been misrepresentation regarding
this property, the applicant also has a recourse through the Colorado Real Estate Commission.
There being no further discussion,the motion carried unanimously and the hearing was completed
at 11:45 a.m.
This Certification was approved on the 4th day of February 2004
APPROVED:
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, CO ORADO
ATTEST: finutki
Robert D. Masden, Chair
Weld County Clerk to e o • r'
,sN, I� 0,
r tap�
Lk' � Williiiami. Jerke, Pro-Tem
BY:
Deputy Clerk to tht�a.. ,.• • EXCUSED DATE OF APPROVAL
tcl�) eile
TAPE #2004-07 wJ E
Davi E. Long
DOCKET#2004-11 EXCUSED DATE OF AP ROVAL
Glenn Vaad
2004-0423
PL1701
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1449 - RAEBEN SELLERS/TAMIJO, LLC
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 12/16/2003)
D. Clerk to the Board Notice of Hearing
E. Nancy Fichter Typed phone comments re: proposed
changes (02/04/2004)
F. Planning Staff Certification and 2 Photographs of sign
posted on site (02/04/2004)
G.
H.
J.
K.
L.
M.
N.
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P.
Q.
R.
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V.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 4TH DAY OF FEBRUARY, 2004:
DOCKET#2004-07 -JON MOSER
DOCKET#2004-11 - RAEBEN SELLERS/TAMIJO, LLC
DOCKET#2004-12 - LOYD AND SHEILA SCHLICHENMAYER
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