HomeMy WebLinkAbout20042661 HEARING CERTIFICATION
DOCKET NO. 2004-74
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1479
FOR A SINGLE FAMILY DWELLING UNIT(OTHER THAN THOSE PERMITTED UNDER
SECTION 23-3-20.A OF THE WELD COUNTY CODE) IN THE A (AGRICULTURAL)
ZONE DISTRICT - FRED AND CAROL LEY
A public hearing was conducted on September 1, 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
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, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 13,2004,and duly published August 18,2004,
in the Fort Lupton Press,a public hearing was conducted to consider the request of Fred and Carol
Ley for a Site Specific Development Plan and Use by Special Review Permit#1479 for a Single
Family Dwelling Unit(other than those permitted under Section 23-3-20.A of the Weld County Code)
in the A(Agricultural)Zone District. Lee Morrison,Assistant County Attorney, made this a matter
of record. Chris Gathman, 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. Mr. Gathman gave a brief description of the location of the site and surrounding uses.
He stated six referral agencies reviewed this proposal,and five responded with comments that have
been addressed through the Conditions of Approval and Development Standards. He stated the
second home has a septic system and a tap from the Central Weld County Water District, and the
site is accessed from Weld County Road 50. Mr.Gathman stated Development Standards#10 and
#12 require the applicants to apply for a Recorded Exemption when the site is eligible. He stated
the parcel is four acres, and it will be easy to separate off one acre to divide the two residences.
Char Davis, Department of Public Health and Environment, stated the site has public water, and
each home has a separate permitted septic system. In response to Commissioner Jerke, Ms.
Davis confirmed each residence has a tap from the Central Weld County Water District.
Donald Carroll, Department of Public Works,stated Weld County Roads 50 and 51 are local gravel
roads, and there is existing access from both roads.
2004-2661
PL1735
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HEARING CERTIFICATION - FRED AND CAROL LEY (USR#1479)
PAGE 2
Carol Ley,applicant,questioned why they are being required to exempt out one acre in 2007. She
stated the mobile home is for their son and daughter-in-law who help maintain the property. Mr.
Gathman explained the site is currently not eligible for a Recorded Exemption,which required the
applicants to apply for this Use by Special Review Permit;however,staff has consistently required
a Recorded Exemption when there is enough room. He further stated a Recorded Exemption will
also provide the applicants with some flexibility in the event they no longer need it for family
members. Commissioner Jerke stated the requirement presents the property owner with an exit
strategy, as well as an improved property that can be sold in the event their family no longer lives
there. Chair Masden concurred and stated this helps resolve potential future problems in the event
the property is to be sold.
No public testimony was offered concerning this matter. In response to Chair Masden, Ms. Ley
stated they have reviewed and concur with the Conditions of Approval and Development Standards
as proposed. Commissioner Long concurred with Commissioner Jerke's comments and the
potential future options created through a Recorded Exemption
Commissioner Long moved to approve the request of Fred and Carol Ley for a Site Specific
Development Plan and Use by Special Review Permit#1479 for a Single Family Dwelling Unit(other
than those permitted under Section 23-3-20.A of the Weld County Code)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 Jerke,and it carried unanimously. There being no further discussion,
the hearing was completed at 10:20 a.m.
This Certification was approved on the 8th day of September 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
IEIIda WDY, COLORADO
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aei I' _ ' Robert D. Masden, Chair
9: C lerk to the Board
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` William erke, Pro-Tem
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Deputy Clerk t the Board
M. J. t-i -
TAPE #2004-38 f ��
David . Long
DOCKET#2004-74
Glenn Vaad
2004-2661
PL1735
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1479 - FRED AND CAROL LEY
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 07/06/2004)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and Photo of sign posting,
submitted 09/01/2004
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G.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 1ST DAY OF SEPTEMBER, 2004:
DOCKET#2004-74 - FRED AND CAROL LEY
DOCKET#2004-76- MILDRED MAE SARCHET LLC
DOCKET#2004-77 -KENNETH SHANNON
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