HomeMy WebLinkAbout20040305 HEARING CERTIFICATION
DOCKET NO. 2003-91b
RE: HEARING TO SHOW WHETHER GOOD CAUSE EXISTS FOR REVOCATION OF
AMENDED USE BY SPECIAL REVIEW PERMIT#685 FOR A KENNEL AND BOARDING
FACILITY (NOT TO EXCEED 140 DOGS AND 20 CATS) IN THE A (AGRICULTURAL)
ZONE DISTRICT - MATT AND BECKY FOSHER
A public hearing was conducted on January 19, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tern - EXCUSED
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol A. Harding
Assistant County Attorney, Lee Morrison
The following business was transacted:
I hereby certify that pursuant to a notice dated December 12, 2003, and duly published
December 18, 2003, in the South Weld Sun, a public hearing was conducted on December 29,
2003, to show whether good cause exists for revocation of Amended Use by Special Review
Permit #685 for a Kennel and Boarding Facility (not to exceed 140 dogs and 20 cats) in the
A (Agricultural) Zone District. At said hearing on December 29, 2003, the applicants were not
present,therefore,the Board deemed it advisable to continue the matter to January 19,2004. Lee
Morrison,Assistant County Attorney,made this a matter of record and stated the Foshers are in the
process of correcting the issues which,in part, includes filing an amendment to the existing Use by
Special Review Permit; therefore, staff recommends continuance of this matter to April 19, 2004,
at 10:00 a.m. Responding to Commissioner Geile,Mr. Morrison stated staff believes the respondent
is doing everything necessary to correct the situation and the continuance would allow time for the
amendment process to be completed.
Matt Fosher, respondent, stated the problem was their use of an existing house for a rental for
employees,which was not specified in the original Use by Special Review Permit. He stated they
have owned the property since 1998,and were not aware the house could not be rented. He stated
the house has now been abandoned,and Ms. Lockman inspected it last week and found it to be in
compliance. Mr. Fosher stated they do not wish amend the Use by Special Review at this time,
although they may do so later. He stated theywere trying to split off a section of land and they have
applied for a Zoning Permit for a Mobile Home. Responding to Commissioner Geile, Mr. Fosher
stated the original Use by Special Review Permit was for a boarding kennel,with two residences,
one of which was used for an office. In 1992,the permit was amended,although one residence was
still indicated as the office. At some point in time, the office was converted back into a residence;
however, Mr. Fosher stated they have now abandoned the house and pulled out the utilities. Mr.
Morrison clarified the applications submitted are for a Zoning Permit for a Mobile Home to be used
as an office, and a Recorded Exemption, the combination of which suggest the April timeline.
2004-0305
PL0868
HEARING CERTIFICATION - MATT AND BECKY FOSHER (AmUSR #685)
PAGE 2
Responding to Mr. Fosher, Mr. Morrison stated nothing more is required of them at this time;
however,this proceeding would be continued to April to allow adequate time to complete the Zoning
Permit for a Mobile Home and Recorded Exemption process. Responding to Commissioner Geile,
Becky Fosher, respondent,stated they currently operate an animal shelter and pet boarding facility.
Mr. Morrison stated a continuance would not interfere with the respondents'ability to operate their
business,and it could be called up earlier if other permits are completed before April. He also stated
the Recorded Exemption process can proceed and this will not stop the sale of property.
Responding to Commissioner Vaad, Mr. Morrison stated no documents have been filed on this
case,therefore,there should be no affect on the Recorded Exemption proceeding or the sale of the
property. He further stated the Clerk could republish and set this matter for an earlier hearing when
everything is completed.
No public testimony was offered concerning this matter.
Commissioner Geile moved to continue the Show Cause against Matt and Becky Fosherto April 19,
2004, at 10:00 a.m. Commissioner Vaad seconded the motion, which carried unanimously.
There being no further discussion, the hearing was completed at 10:30 a.m.
This Certification was approved on the 19th day of January 2004.
APPROVED:
�..� BOARD OF COUNTY COMMISSIONERS
]E L C UNTY, COLORADO
A
186.1 g ' - �� Robert D. asden, Chair
W I the Board
� � EXCUSED
S j7l / William H. Jerke, Pro-Tem
Deputy Clerk to the Board ` EX SED DATE OF APPROVAL
M. J. ile
TAPE #2004-04
David E. Long
DOCKET#2003-91 EXCUSED DATE OF APP OVAL
Glenn Vaad
2004-0305
PL0868
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