HomeMy WebLinkAbout20041779.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 28, 2004
TAPE #2004-27
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial Center,
Greeley, Colorado, June 28, 2004, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were
present, constituting a quorum of the members thereof:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of June 23, 2004, as printed. Commissioner Vaad seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on June 22,2004,as follows: 1)Violation Hearings;and Hearings conducted on June 23,2004,
as follows: 1) COZ #600, John Zadel, c/o Intermill Land Surveying, Inc.; and 2) USR #1465, Donald
Wroblewski, c/o Joe and Tammy Wroblewski. Commissioner Long seconded the motion,which carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
2004-1779
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $853,783.95
Electronic Transfers - All Funds $2,651,315.40
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER CONTRACTAMENDMENT#1 FOR EARLY AND PERIODIC SCREENING, DIAGNOSIS,AND
TREATMENT SERVICES PROGRAM AND AUTHORIZE CHAIR TO SIGN: Linda Henry, Department of
Public Health and Environment, stated this amendment will provide case management, outreach, and
support services for children ages zero to 21 who are on Medicaid in the northeast region of Colorado.The
total amount is$123,317 fora term of July 1, 2004,through June 30, 2005. Responding to Chair Masden,
Ms. Henry stated this program is only to provide the necessary screening to notify Medicaid clients of
appropriate dental or eye exams and provide a list of providers. Responding to Commissioner Jerke, Ms.
Henry stated the clients are only given information about screening and where to obtain the services.
Commissioner Jerke stated it appears excessive to spend $123,000 to simply notify people of options,
without any care being given. Ms. Henry stated the caseworkers receive a list from Medicaid,and they are
required to notify the families of available services and providers, and that the services will be paid for by
Medicaid. Commissioner Long stated the program helps direct families that do not know where to receive
the services. Commissioner Jerke reiterated it appears to be a lot to spend to track people down, and it
would be more appropriate to give immunizations right then instead of referring them to other providers.
Ms. Henry stated there is followup with families to make sure services were utilized, and the program saves
Medicaid funds because the clients receive preventative care instead of waiting for more serious medial
problems to develop. Responding to Chair Masden, Ms. Henry stated the funding is a combination of state
and federal Medicaid dolalrs. Commissioner Long moved to approve said amendment and authorize the
Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDERAMENDMENT#1 FOR SINGLE ENTRY POINTAGENCYANDAUTHORIZE CHAIR TO SIGN:
Walt Speckman, Director of Human Services, stated this program has been ongoing for the past 10 or 15
years. He stated the funding level of$502,404 is the same as last year, and it provides for the single entry
point process. Commissioner Geile moved to approve said amendment and authorize the Chair to sign.
Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER RENEWAL OF TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - THE
FORT 21 LTD, DBA THE FORT 21: Bruce Barker, County Attorney, stated the Sheriff's Office indicated
no concerns with this application, therefore, he recommend approval. Commissioner Long moved to
approve said renewal and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion
carried unanimously.
CONSIDER RENEWAL OF 3.2 PERCENT BEER RETAIL LICENSE AND AUTHORIZE CHAIR TO SIGN-
M AND G VENTURES, LLC, DBA SHELL#7: Mr. Barker stated the Sheriffs Office indicated no concerns
with this application, therefore, he recommended approval. Commissioner Geile moved to approve said
renewal and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
Minutes, June 28, 2004 2004-1779
Page 2 BC0016
CONSIDER RENEWAL OF RETAIL LIQUOR STORE LICENSE AND AUTHORIZE CHAIR TO SIGN-RLF,
INC., DBA C J'S LIQUORS: Mr. Barker stated the Sheriffs Office indicated no concerns with the
application,therefore, he recommended approval. Commissioner Geile moved to approve said renewal
and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER PETITION TO VACATE PORTION OF WELD COUNTY ROAD 31 BETWEEN WCR'S 94 AND
96 SUBJECT TO DEDICATED AND RECORDED EASEMENTS AND RIGHTS-OF-WAY - RUBY
SCHELLER, SHARON SCHELLER AND SHIRLEY SOTO: Don Carroll, Department of Public Works,
stated this request is for right-of-way on Weld County Road 31, between Weld County Roads 94 and 96,
directly west of U. S. Highway 85. He stated this is in an area between Pierce and Nunn, which is a
transition area with multiple land splits, Recorded Exemptions, and development occurring. Mr. Carroll
stated the request is for the vacation of one mile, and the applicants own property on both sides of
right-of-way. Staff recommended denial of the vacation request because of all the development and land
splits taking place in the area. Shirley Soto,co-applicant,stated she has lived on this property for 15 years,
and her interest is to avoid Weld County Road 31 being built at this location. She stated there is no purpose
for a road because the family owns the property in all directions from this location, and it will never be
developed. Therefore, she stated, there is no need for access to Weld County Road 31. She also stated
the residence was homesteaded 100 years ago, and the house was built on the section line. She said if
the road went through, it would be within ten feet of the house, and only 600 yards from Highway 85. She
said access to the area is available without having to use Weld County Road 31. Ruby Scheller,
co-applicant, purchased the entire section and there is a trail currently in place that was created by moving
farm equipment between the two properties. Sharon Scheller, co-applicant, stated there are primary
arteries of transportation and access around the property. Responding to CommissionerJerke, Ms. Soto
said there is a conservation easement existing on this property. Responding to Commissioner Geile, Ms.
Soto stated Weld County Road 94 comes to a dead end at the property. Responding to Commissioner
Vaad, Mr.Carroll stated staff was not aware of the conservation easement;therefore,the recommendation
for denial would not be appropriate. No public testimony was given. Commissioner Long moved to accept
said petition to vacate. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO WCR 47 AND
AUTHORIZE CHAIR TO SIGN-ROSE BARNHART: Frank Hempen,Jr., Director of Public Works, stated
this item, along with the next two items, are for the Weld County Road 47 construction project. He stated
the cost for acquisition is $500, and he recommended approval of said easement. Commissioner Geile
moved to approve said easement and authorize the Chair to sign. Seconded by Commissioner Long,the
motion carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO WCR 47 AND
AUTHORIZE CHAIR TO SIGN-GERALD AND WANDA MONROE: Mr. Hempen stated this cost is$500
also. Commissioner Long moved to approve said easement and authorize the Chair to sign. Seconded
by Commissioner Jerke, the motion carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO WCR 47 AND
AUTHORIZE CHAIR TO SIGN-MARLA BOLLING: Mr. Hempen stated this cost is$350. Commissioner
Long moved to approve said easement and authorize the Chair to sign. Seconded by Commissioner Vaad,
the motion carried unanimously.
CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Mr. Hempen requested routine approval for the next step in controlling noxious weeds.
Commissioner Long moved to approve said entry. Seconded by Commissioner Jerke,the motion carried
unanimously.
Minutes, June 28, 2004 2004-1779
Page 3 BC0016
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WCR 47 AT WCR 2: Mr. Hempen
stated this is for the north leg of Weld County Road 47 at Weld County Road 2. He stated Weld County
Road 2 has been improved to deal with traffic from a subdivision in Adams County, with the extension of
Weld County Road 47 south. Mr. Hempen stated this intersection was previously a Tee intersection, and
Adams County placed a Stop sign for northbound traffic,therefore, it is necessary to place other signs at
the intersection. Since Weld County Road 47 is gravel and Weld County Road 2 is paved, Mr. Hempen
indicated he would rather make Weld County Road 47 traffic stop. Therefore, he recommended approval
of Stop and Stop Ahead signs be placed on Weld County Road 47. Commissioner Vaad moved to approve
said installation of signs. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 38 BETWEEN INTERSTATE 25 AND WCR 13: Mr.
Hempen stated Central Weld County Water District has requested closure of Weld County Road 38 from
June 29, 2004, through August 30,2004, during day light hours,to allow the installation of a 36-inch water
line. Mr. Hempen stated the water district is required to apply dust treatment on Weld County Road 36
during the duration of the detour. He stated they have prepared a traffic management plan,which has been
approved by staff, therefore, he feels it reasonable to recommend the proposal. Commissioner Vaad
directed staff to post a phone number for a contact point if constituents have problems with the detour.
Commissioner Vaad moved to approve said closure. Seconded by Commissioner Long,the motion carried
unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE HOT IN-PLACE RECYCLING
PROGRAM AND AUTHORIZE CHAIR TO SIGN - TOWN OF KERSEY: Mr. Hempen stated routine
procedure is to notify adjacent municipalities of road work scheduled for adjacent roads to allow continuity
with any plans by the municipality. He stated this is the case with Kersey, since the County is planning
significant work on Weld County Road 53,where there are some areas in the County and some in the Town
of Kersey, to see if they would like to incorporate their plans with our project. Kersey requested its Main
Street be included in the project, since estimates of one-half to one million dollars had been received
previously. Mr. Hempen stated the agreement includes removal of two inches of material, grinding of
another two inches,to be combined with virgin asphalt and placed as overlay. He stated the cost to Kersey
would be$75,600,to include all contract costs, material, labor, and equipment. Mr. Hempen stated there
is no impact to the rest of the County's summer programs, and the work would be added onto our contract.
Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER FM GRANTAGREEMENTANDAUTHORIZE CHAIR TO SIGN-GREELEY-WELD COUNTY
AIRPORT: Mike Reisman,Airport Manager, stated this grant is in the amount of$300,000,to be used for
the installation of security perimeter fencing and several access control gates. He stated $24,000 in
matching funds has been obtained through a Colorado Aeronautics Grant;and$12,280 is the local match
required,which will be divided between the City of Greeley and Weld County. Responding to Commissioner
Jerke, Mr.Warden stated the funds are available. Commissioner Vaad moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2003 - K. P. KAUFFMAN
COMPANY, INC., C/O RICHARD LOGAN: Mary Hazen, Assessor's Office, stated staff received the
recommended approval report from the Oil and Gas Commission, at which time it was discovered the wells
were not on the tax roll. She stated after the value had been assessed, they were notified that the
companies had combined the production and value onto other wells. After verifying they were combined,
it was determined the listed property was double assessed,therefore, she recommended approval of the
petition. Commissioner Geile moved to approve said petition for abatement of taxes. The motion,which
was seconded by Commissioner Jerke, carried unanimously.
Minutes, June 28, 2004 2004-1779
Page 4 BC0016
CONSIDER FIVE PETITIONS FOR ABATEMENT OR REFUND OF TAXES FOR 2003-PATINA OIL AND
GAS CORPORATION,C/O RICHARD LOGAN: Ms. Hazen stated the same thing happened as discussed
under the previous item of business. Commissioner Geile moved to approve said petition for abatement
of taxes. The motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2001 - BLUE CHIP OIL, INC.,
C/O RICHARD LOGAN: Ms. Hazen stated the circumstances for Items#17 and#18 are same. She stated
staff has requested denial, since this is concerning the net back issue. She stated a separate company
is going through to the Court of Appeals on the same issue. Responding to Commissioner Jerke, Chris
Woodruff, Chief Deputy, stated the company involved in the Court of Appeals case is K. P. Kauffman;
however, approximately seven other cases are being held in abeyance for that decision. Mr. Woodruff
stated staff will treat all of the companies the same for that year. He explained the ability of a company to
file incorrect information,then be allowed to file corrected information through the abatement process is the
question which is being decided. Responding to Commissioner Jerke, Mr. Woodruff stated if this petition
is denied,the company will file an appeal to the Board of Assessment Appeals,which would then be aligned
with the other companies depending upon the decision by the Court. The applicant was neither present nor
represented. Commissioner Vaad moved to deny said petition for abatement of taxes. The motion,which
was seconded by Commissioner Long, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2001 - PETROLEUM
DEVELOPMENT CORPORATION,C/O RICHARD LOGAN: Ms. Hazen stated this is the same explanation
as that given for the previous item. The applicant was neither present nor represented. Commissioner
Geile moved to deny said petition for abatement of taxes. The motion, which was seconded by
Commissioner Jerke, carried unanimously.
CONSIDER REAPPOINTMENTS TO NORTHEAST COLORADO REGIONAL EMERGENCY MEDICAL
AND TRAUMA SERVICES ADVISORY COUNCIL: Commissioner Long moved to reappoint Dave Bressler
and Rod Deroo to said Council,with terms to expire on June 30, 2006. The motion,which was seconded
by Commissioner Vaad, carried unanimously.
PLANNING NEW BUSINESS:
CONSIDER RECORDED EXEMPTION #3809 - DENNIS AND CINDY HELZER: Sheri Lockman,
Department of Planning Services, stated this 16-acre parcel is located north of Interstate 76,west of Weld
County Road 27. She stated planning staff approval was given on June 4, 2004; however, the applicant
does not want to meet Conditions of Approval. Dennis Helzer, applicant, stated the past six years have
been a nightmare because of conditions placed on a previous Recorded Exemption regarding a shared
access, and he has no desire to meet the Conditions placed on this Recorded Exemption. He stated he
does have a buyer who will purchase the property as is, and stated he needs the Board of County
Commissioners to deny the application, instead of waiting 60 days for it to be denied due to not having met
the Conditions. Responding to Commissioner Long, Ms. Lockman stated the applicant understands the
process involved in a Substantial Change Hearing, and that he has no option to withdraw because the
purchase contract on the property requires a denial of his application. Responding to Commissioner Geile,
Mr. Barker stated he is not aware of any unintended consequences; although the biggest consequence
would be the time restriction and substantial change process. Mr. Helzer stated he is willing to forfeit fees,
and it would be difficult to meet the Conditions of Approval. Mr. Barker noted, for the record, that the
applicant is the one requesting denial. No public testimony was given. Commissioner Jerke moved to deny
Recorded Exemption#3809 for Dennis and Cindy Helzer, for the reasons stated above, including lack of
access. The motion, which was seconded by Commissioner Long, carried unanimously.
Minutes, June 28, 2004 2004-1779
Page 5 BC0016
PLANNING OLD BUSINESS:
CONSIDER MOBILE HOME PERMIT,ZPMH#191-DEARAL AND MARY BEDDO(CON'T FROM 6/21/04):
Ms. Lockman stated this is a request for renewal of a Zoning Permit for a Mobile Home (ZPMH), which is
a temporary accessory to the farm. She reviewed the location and stated there are currently three mobile
homes on the property. The first is Non-Conforming Use (NCU)#26,which is used as a storage unit; the
second is ZPMH#191; and the third is a mobile home used on a part-time basis for farm help, which has
not legally been permitted. Ms. Lockman stated the applicant wants to replace the second mobile home
(ZPMH#191);however, upon receipt of his application,staff found that building permits had been incorrectly
issued for the third mobile home, located on the west side of the property, since it was intended to replace
the second mobile home. She stated the second mobile home was not removed from the property,
although the permit was approved as a replacement. Ms. Lockman stated the applicant has the option of
applying for a Recorded Exemption to divide the property and allow for a legal residence on each parcel;
however, Mr. Beddo deeded that portion of property that lies south of the Meadows Island Ditch to the
Meadows Island Ditch Company. She stated that created an illegal land split,which must be recombined.
Dearal Beddo,applicant, stated he was not aware of the cancellation of ZPMH#191, and he has not been
notified of any violations. He stated on April 1, 2004, he applied for approval to replace ZPMH#191 with a
similar unit of the same size, and he has fulfilled all the other application requirements. He stated there are
only two mobile homes on the property, the one he has requested be replaced, and the one by the main
house,which is NCU#26. He stated the modular home was permitted in 1996 under ZPMH#4471,at which
time the Meadow Island Ditch was accepted by staff as a natural barrier,therefore,the property was divided
by the barrier, and did not need to have separate action taken to divide the property. Mr. Beddo said the
NCU unit is the one that was to be replaced by the modular since it no longer has utilities and is only used
for storage. Mr. Beddo stated the County would not accept anything other than a transfer of property,
therefore, he prepared a deed and transferred the western portion of the property to the Meadow Island
Ditch Company. He stated he has been working on this application for three months and still has not
received approval. Mr. Beddo stated he spent$5,000 last year and the mobile home needs additional
repairs; however, it will be cheaper to replace the mobile home than to repair it. Responding to
Commissioner Vaad, Ms. Lockman stated the mobile home by the main house does not have utilities, and
ZPMH#191 was approved to replace the existing accessory to farm,which referred to the second mobile
home on the property. Mr. Barker stated the split created by deeding the property to the Ditch Company
is not recognized by Weld County, since it has to have been deeded prior to 1972, to fall under the
requirements of Senate Bill#35. He stated this is an illegal land split which needs to be fixed. Mr. Barker
stated he reviewed the documentation, and Sharon Frazier, previous employee of the Department of
Planning Services, stated the mobile home being brought onto the property was to replace the existing
mobile home; however, it was placed in a different location and building permits were issued. Building
Inspection did not realize the mobile home was not supposed to be in a different location;therefore,there
were three mobile homes on the property. Mr. Barker stated there is confusion because Beddo believes
the replacement for the mobile home,was for the one now being used for storage; however, staff thought
it was for the mobile home that was being resided in. Mr. Beddo stated the first mobile home was used to
house farm help until the second one was placed on the property, and the new one was built with a new
septic system. He said if it was a replacement, it would not need a new septic system. He also stated the
survey shows both units. Mr. Beddo stated he also has two letters regarding the age of the ditch.
Responding to Chair Masden, he stated both mobile homes are used for full time help,when he can get it.
Mr. Beddo stated currently a couple is living in the one being replaced; and the second one will be used
when a larger family is hired. Responding to Commissioner Vaad, Mr. Beddo stated he provided the deed
to satisfy Planning. He stated Commissioner Geile told him he needed a certificate of conveyance,and the
County Attorney said that would be a deed. Mr. Barker stated the only deed that works would be done prior
to 1972, therefore, the deed creates an illegal land split. Mr. Beddo stated he is secretary of the ditch
company; although he has no documentation reflecting ownership, it is a Colorado Corporation.
Commissioner Vaad stated whether it is illegal or not is a separate issue,since the matter before the Board
is whether this should be an Accessory to the Farm. No public testimony was given. Commissioner Vaad
Minutes, June 28, 2004 2004-1779
Page 6 BC0016
moved to approve Mobile Home Permit,ZPMH#191, for Dearal and Mary Beddo, on the basis that this is
a legitimate request for a Mobile Home to be used as Accessory to the Farm. Commissioner Geile stated
approval of this request would allow two mobile homes on the property, and he is not sure two Accessories
to the Farm would be appropriate; however, Mr. Barker stated the Board is only considering one application,
which is the renewal of the one that was previously located there. He stated the one that is not permitted
is the one Ms. Frazier thought was a replacement, although it was incorrectly given Building Permits.
Therefore, Mr. Barker stated,two mobile homes will be permitted, and the third one will not have a permit.
Ms. Lockman stated if the Board approves ZPMH#191,Wendy Inloes, Department of Planning Services,
requested a condition that the applicant be required to apply for a second mobile home permit. Mr. Barker
reiterated the other mobile home has never been permitted. Ms. Lockman stated staff agrees one
Accessory to the Farm is appropriate. Mr. Beddo stated both are justified, since he is 77 years old, and is
not able to do much farming himself,therefore, he needs more help than before,especially for irrigating the
farm. He stated he has been unable to get good help unless he furnishes a residence. Commissioner
Jerke stated he finds an Accessory to the Farm is appropriate, since it does have adequate water, and 250
acres of irrigated land; however, the number of Accessory Permits remains in question. He stated Mr.
Beddo has created this mess through the years, and he cannot support a motion to approve the second
unit above the house. Commissioner Vaad withdrew his motion and stated a Condition of Approval could
be added to require the applicant submit an application for an additional mobile home permit based on
amount of help required. Responding to Chair Masden, Ms. Lockman reiterated one of the two mobile
homes could be retained. Chair Masden stated it was a County error because the inspectors did not
understand it was placed in a different location. Mr. Beddo stated the survey with the previous ZPMH permit
showed both units,and Mr. Barker concurred. Responding to repeated questions from Commissioner Vaad
regarding his willingness to apply for another mobile home permit, Mr. Beddo stated he already has them.
Commissioner Jerke stated he would rather see several applications in one package, rather than try to
make a determination on each application. Mr. Beddo stated he does not know what else to furnish.
Commissioner Geile summarized that there are two accessory to farm buildings,with only one permitted;
therefore, the only way to deal with it is to create a land use package, which could include a Recorded
Exemption for five or six acres which would create a legal lot. Responding to Mr. Beddo, Mr. Barker stated
he does not have a legal split by virtue of the Meadow Island Ditch being a natural barrier. Chair Masden
reiterated Mr. Beddo would have to apply for a Recorded Exemption, and it would be best to do it in
conjunction with the ZPMH, although the choice of how to divide the property is up to the applicant. Mr.
Beddo stated Ms. Inloes mentioned 80 acres could be divided by a Recorded Exemption,although he does
not have a survey for doing that. He stated the ditch was surveyed in 2001, and he would be willing to
request an 80-acre parcel. Ms. Lockman stated if he would do so, the third mobile home would probably
be the principal residence,therefore, the permit would not have to come before the Board. Ms. Lockman
requested Condition of Approval#1 be changed; however, Mr. Barker stated there are a variety of different
options,and a commitment should not be made until Mr. Beddo decides what he wants to do. Responding
to Commissioner Geile, Mr. Barker stated the Board can refer the case back to Planning; however, the
Board should either approve or deny the case, therefore, the appropriate action would be to continue to a
date certain,and staff will work on the solution in the meantime. Commissioner Vaad stated,for the record,
that the Board does not agree with Mr. Beddo's statement that there are currently two mobile home permits
existing on the property. CommissionerJerke moved to continue ZPMH#191 to October 25,2004, at 9:00
a.m. The motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER RECORDED EXEMPTION #3038 - RONALD AND SUE ANN GRABRIAN (CON'T FROM
05/24/04): Jacqueline Hatch, Department of Planning Services, stated Recorded Exemption#3038 and
Subdivision Exemption#874 should be considered together. She recommended denial and stated this
application was conditionally approved by staff as a three-lot Recorded Exemption on March 30, 2001;
however, Lots A and B did not comply with the 2.5 minimum acre lot size requirement. She stated this is
an 80-acre parcel, and each of the proposed lots have an existing home. Ms. Hatch reviewed an aerial
picture of the site. Responding to Chair Masden, Ronald Grabrian,applicant, stated he is not represented
Minutes, June 28, 2004 2004-1779
Page 7 BC0016
by counsel. She stated the two homes on the north side of the property are approximately two acres each,
and denial is requested because of the lot size. Responding to Commissioner Vaad, Ms. Hatch stated all
the homes are on wells, and no public water is nearby. Responding to Commissioner Jerke, Mr. Grabrian
stated there is approximately 100 or 150 feet between the two houses on the north. Mr.Grabrian stated he
can redraw the lots to accommodate the 2.5 acre minimum size for one lot; however, the one on the east
would have to include a silo and other buildings associated with the dairy in order to reach the 2.5 acre
minimum. He stated that would not be a practical split. Responding to Chair Masden, Mr.Grabrian stated
the dairy is active at this time. Commissioner Jerke stated the subdivision regulations allow an owner to
average the size of the lots, therefore, if he were to put three acres on the west lot and two acres on the
east lot, it would fit the requirement. Mr. Grabrian said that solution would be feasible. Responding to
Commissioner Vaad and Chair Masden, Mr. Grabrian stated public water is not an option,and each house
has its own well with a permit, and the dairy has a deep well which was drilled in 1993. He stated one well
was drilled incorrectly; however, the problem with the well permits has been corrected. Trevor Jiricek,
Department of Public Health and Environment, stated staff has no firm rule with a minimum lot size, and
2.5 acres is only a recommendation. Responding to Commissioners Jerke and Geile, Ms. Hatch stated the
other conditions are housekeeping items. Mr. Grabrian reiterated he has no problem with putting three
acres on one and two on the other. No public testimony was given. Commissioner Geile moved to approve
Recorded Exemption#3038 with the understanding that the applicant will reconfigure the property and lots,
to somehow meet an average lot size of 2.5 acres per lot. The motion, was seconded by Commissioner
Jerke. Responding to Chair Masden, Mr. Grabrian stated he agrees with the Conditions of Approval, and
Mr. Barker indicated there is no condition written regarding the 2.5 acres. On a call for the vote,the motion
carried unanimously.
CONSIDER SUBDIVISION EXEMPTION #874 - RONALD AND SUE ANN GRABRIAN (CON'T FROM
05/24/04): Commissioner Geile moved to approve Subdivision Exemption#874. The motion was seconded
by Commissioner Jerke. Responding to Commissioner Vaad, who stated concern that there is now a
Recorded Exemption without a specific acreage being given for its lots, Ms. Hatch stated the applicant has
agreed to meet today's standards for the preparation of the plats, and the exact acreage will be included
prior to recording the plat. The motion carried unanimously.
CONSIDER MOBILE HOME PERMIT,ZPMH#2401 -RONALD GRABRIAN(CON'T FROM 05/24/04): Ms.
Hatch stated this request is for three additional Temporary Accessory to the Farm units on approximately
80 acres. She stated ZPMH 2400 was approved by staff on the same property; the units in place do not
meet the definition of a mobile home; and ZPMH 2401 has a failing septic system which needs to be
replaced. Responding to Commissioner Vaad, Ms. Hatch stated the units in place (ZPMH #2401 and
#2402) are considered to be travel trailers, since they are registered as motor vehicles. Responding to
Commissioner Vaad, Ms. Hatch stated the units do not meet the definition of a mobile home, the septic
system is failing, and well permit#18427A,which is to be connected to the fourth dwelling unit,is restricted
to three dwelling units. Ms. Hatch stated ZPMH#2403 had a similar unit which recently burnt down,and he
has placed a smaller travel trailer on the site to house his help. She stated he currently has employees
living at a hotel, for which he is paying expenses, and he wishes to utilize the smaller unit temporarily. Ms.
Hatch stated the applicant stated his need for three full time employees; however,no evidence was provided
for the fourth one. She stated the dairy contains 250 cows, 121 of which are milking cows; therefore, staff
does not consider it enough justification for four full time employees. Ms. Hatch stated the application also
does not meet water and sewer criteria. She stated that, because of the confusion as to the location of the
wells,she requested and received from the Division of Water Resources,a plot indicating all the permitted
wells on the property. She stated the Recorded Exemption and Subdivision Exemption each have a well,
permitted as single households;and the third well is permitted(#18727A)for20 acre feet per year; however,
it is restricted to three homes. Currently, the third well is serving one stick built home,ZPMH#2400 which
was approved by staff, and the three temporary units being considered at this time. (Changed to tape
#2004-28). Mr.Jiricek summarized the well permits,and stated two additional mobile homes lack permitted
Minutes, June 28, 2004 2004-1779
Page 8 BC0016
septic systems, and are discharging into a lagoon. He stated the water supply issue should also be
resolved. Responding to Commissioner Vaad, Mr.Jiricek stated the only option for the failed septic system
is replacement; however, two units could be placed on one septic system if it is engineered; however, he
stated there are some setback issues because of the stream running through the property. Mr. Grabrian
stated he has four wells, including the one for the dairy; however, Ms. Hatch reiterated the Division of Water
Resources only found permits for three wells on the entire 80 acres. Responding to Chair Masden, Mr.
Grabrian stated there are four mobile homes and one stick built home on the middle well; however, the
fourth well has apparently not been adjudicated. Commissioner Jerke stated he will not vote for four or five
served by one well, and the applicant will have to present paperwork to prove the fourth permit is existing.
He also stated the septic systems need to be resolved. Mr. Grabrian stated three mobile homes have
septic, and two do not; however, that has been the case since he moved onto the dairy in 1972. Merlin
Dirtz, Bluebird Mobile Homes, explained the difference between a mobile home and a travel trailer; and
stated everyone is using the term"mobile home"for various types of units. He stated the County requires
a travel trailer body to be less than 40 feet in length when being placed on the motor vehicle registry;
however,the ZPMH procedural guide states a mobile home is 42 feet in length,so there is a two foot gap.
He stated these mobile homes have flushable stools; refrigerators which are the same size as house
models; no containment units for sewage; and, although they look the same, they are designed as year
round residences. Mr. Jiricek stated it appears there should be four wells; however, he only finds three
permits, and one well indicated on the map appears to be in the wrong location, therefore, clarification is
needed regarding the number and location of wells. Commissioner Vaad agreed and stated the failed septic
systems also need to be addressed. Mr Jiricek stated he told Mr. Grabrian not to replace the failed septic
system until after the Board determined whether or not the accessories would be approved. Mr. Barker
stated that, prior to continuing this matter, it would be helpful if the Board would Find whether these units
meet the criteria for a mobile home under our definitions, which would allow staff to address the other
issues. Bethany Salzman, Department of Planning Services, stated the denial was based on a
determination given by Jeff Reiff, Building Inspection Division, and she read the definition of a mobile home
which is found in the Building Code. She stated that, although the units meet the definition of the Zoning
Ordinance, they do not qualify as ANSI and,therefore,do not meet the Building Code definition. Mr. Dietz
stated ANSI only applied to 1974 and 1975. Mr.Grabrian requested permission to let his employees live in
the fourth temporary unit until this matter is brought back to the Board, since it is costing him$200 per week
for the hotel accommodations; however, Mr. Barker stated the Board cannot grant permission. He stated
itwould be handled as a violation and would end up with the Board for determination;however,if all the other
issues are resolved, he would not have to worry about the violation. Commissioner Jerke moved to
continue this matter to September 27, 2004, at 9:00 a.m. The motion was seconded by Commissioner
Geile. Responding to Commissioner Vaad, Mr. Barker stated for a Zoning issue, that is the definition that
needs to be followed,and he read the definition of a mobile home found in the Zoning Ordinance. Mr. Barker
stated testimony has been given by Mr. Dietz that indicate these units do fit that definition, and the Board
concurred. Commissioner Geile stated the Building Code should be modified to align with the Zoning Code
definition. On a call for the question, the motion carried unanimously.
CONSIDER MOBILE HOME PERMIT,ZPMH#2402-RONALD GRABRIAN(CON'T FROM 05/24/04): See
previous item
CONSIDER MOBILE HOME PERMIT,ZPMH#2403-RONALD GRABRIAN (CON'T FROM 05/24/04): See
previous item.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
the Acting Clerk to the Board.
Minutes, June 28, 2004 2004-1779
Page 9 BC0016
There being no further business, this meeting was adjourned at 11:35 a.m.
I ♦ BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
is I Wet% k
t ?z' 'rWu I Robert D. Masden, Chair
• 'ii,;gClerk to the Board
\e,„" •
/ William h Jerke, Pro-Tem
. ..
Deputy Clerk t. the Board
. J
David . Long
Glenn Vaa
Minutes, June 28, 2004 2004-1779
Page 10 BC0016
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