HomeMy WebLinkAbout830160.tiff RESOLUTION
RE: DENIAL OF USE BY SPECIAL REVIEW FOR A DOG KENNEL OPERATION -
MICHAEL J. STEPANICK
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS , the Board of County Commissioners held a public
hearing on the 26th day of October, 1983 , at the hour of 2 : 00
o ' clock p.m. in the Chambers of the Board for the purpose of
hearing the application of Michael J. Stepanick, 7485 Harold
Street, Ft. Lupton, Colorado 80621 , for a Use by Special Review
for a dog kennel operation on the following described real estate,
to-wit:
Lot 6 , Block 31 , Aristocrat Ranchettes
Subdivision, Weld County, Colorado
WHEREAS, Section 24 . 4 . 2 of the Weld County Zoning Ordinance
provides standards for review of said Use by Special Review, and
WHEREAS, the Board of County Commissioners heard all of the
testimony and statements of those present, has studied the re-
quest of the applicant and the recommendation of the Weld County
Planning Commission and all of the exhibits and evidence pre-
sented in this matter, and having been fully informed finds that
this request shall be denied for the following reasons :
1 . The applicant has not demonstrated compliance with Sec-
tion 24 . 4 . 2 of the Weld County Zoning Ordinance. Speci-
fically, the applicant has failed to demonstrate the
following:
a) That the proposal is compatible with the existing
surrounding residential uses;
b) That the uses which would be permitted will be com-
patible with future development of the surrounding
area as permitted by existing zoning and with the
future development as projected by the Comprehensive
Plan or Master Plans of affected municipalities;
c) That there is adequate provision for the protection
of health, safety and welfare of the inhabitants of
the neighborhood and the County.
'5O0
830160
'_r/ /2 -; 195
Page 2
RE: DENIAL OF USR - STEPANICK
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the application for a
Use by Special Review for a dog kennel operation, submitted by
Michael J. Stepanick, be, and hereby is , denied for the reasons
as hereinabove stated.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 26th day of
October, A.D. , 1983 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: I WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED
and Clerk to the Board Chuck Carlson, Chairman
/
Deputy County Clerk J�ri T. Martino-Tem
APPROVED AS TO FORM:
Gene R. Brantner
EXCUSED
County Attorney Norman Carlson
Ja quei ' ne JIso
DAY FILE: October 31 , 1983
SEARING CERTIFICATION DOCKET #83-50
RE: USE BY SPECIAL REVIEW, DOG KENNEL OPERATION - MICHAEL J. S1'EPANICK
A public hearing was conducted on October 26 1983 at 2:00 P. M. , with
the following present:
Chuck Carlson Chairman, Excused
John Martin Pro Tem
Gene Brantner Commissioner
Norman Carlson Commissioner, Excused
Jacqueline Johnson Commissioner
Also present:
Acting Clerk to the Board, Tommie Antuna
Assistant County Attorney, R. Russell Anson
Planning Department Representative, Rod Allison
The following business was transacted:
I hereby certify that pursuant to a notice dated October 10, 1983, and duly
published in the La Salle Leader on October 13, 1983, a public hearing was
held for the purpose of considering the request of Michael J. Stepanick for
a Use by Special Review for a dog kennel operation. John Martin, Commissioner
Pro-Tem, explained that the applicant could have this hearing continued because
only 3 Commissioners were present for this hearing. Mr. Stepanick said he
wished to have his request heard today. Russ Anson, Assistant County Attorney,
read this proposal into the record. He said this request was continued from
August 31, 1983. Rod Allison, Planning Department representative, read the
recommendation for denial, from the Planning Commission, into the record.
He also read the reasons for such recommendation into the record. Mr. Anson
then reviewed the Standards which the Board must use in considering this
request. Mr. Stepanick then presented his proposal to the Board. He explained
that his request is for 20 dogs in an area approximately 100' x 100' . He told
the Board he had gone over the proposed Standards with the Planning Department
and he had no objections to these, if his request is approved. Commissioner
Brantner said he had concerns about how the dogs would be protected against
the elements of the weather if Mr. Stepanick continues to use the dog houses
he had previously used. Mr. Stepanick said he plans to insulate most of the
dog houses and some he will replace. Mr. Stepanick rebutted some of the state-
ments made at the Planning Commission hearing. He said that it had been
stated that a pit bull terrier is a danger to humans. He said this was false.
The pit bull is really a mellow dog, he stated. He said all of his dogs are
registered with the American Bulldog Association in Salt Lake City, Utah.
After further comments by Mr. Stepanick, Commissioner Brantner read a portion
of a letter received from the Colorado Humane Society which is opposed to
this facility. Part of the letter stated that pit bulldogs are considered
dangerous. He said he considered the Colorado Humane Sociey knowledgeable,
if not experts, where animals are concerned. Mr. Stepanick said there have
boon incidents where pit bulls have been aggressive toward humans, but he
fools that the owners are to blame. Mr. Anson asked if Mr. Stepanick had
any evidence to show that his proposal is compatible with the surrounding
land uses. Mr. Stepanick said the surrounding neighbors raise different
types of animals, he prefers to raise dogs. After further discussion,
Barbara Jewart came forward to voice opposition to this proposal. Nina Dunn,
Colorado Humane Society representative, was present and came forward to
offer comments to the Board. She submitted material to the Board concerning
recommendations and specifications for dog kennels from the Colorado State
Health Department. Ms. Dunn then read a prepared statement from the Colorado
Humane Society into the record. The statement said that this department is
opposed to the granting of this request because they feel that the pit bull
is potentially dangerous to humans andtanimals, and they find the conditions
of the kennel, even with the proposed changes, unsatisfactory. The statement
also cited individual cases where the pit bull had attacked humans and other
animals. Ms. Dunn went on to say that the pit bull's bite has boon measured
at 1,800 pounds per square inch and his jaw has 3 times the crushing power
of a Doberman or a Shepherd. After further comments, Mr. Anson and the Board
asked questions, which Ms. Dunn answered. Mr. Phil Short, Field Consultant
for Investigations for the American Humane Association, came forward to
Page 2
RE: HEARING CERTIFICATION - USR, STEPANICK
inform the Board that his Department is also opposed to this proposal. Mr.
Short made a presentation explaining this opposition. Mr. Short said that
Mr. Stepanick had said his dogs were registered with the American Bulldog
Association, and there is no such association. Mr. Short made further
comments regarding this proposed facility. He then told the Board he had
a 9 minute film about pit bulls which they were welcome to view. Mr. Anson
asked if this film would be relevant to this hearing. Mr. Short said he
felt it would be relevant because it shows why this facility is not compatible
with the surrounding area. After a short discussion, the Board declined to
view the film. Mary Howard, a surrounding landowner, came forward to say
she was in favor of this proposal. Mr. Stepanick came forward to rebut
statements made by Ms. Dunn and Mr. Short. Commissioner Brantner moved to
deny this request for a Use by Special Review and stated the reasons for
his motion. (Tape Change #83-133) Commissioner Johnson seconded the motion
and it carried unanimously.
APPROVED:
`-"A " BOARD OF COUNTY COMMISSIONERS
ArrEST: U-1A- F%ti � —` 'r— WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED
and Clerk to the Board Chuck Carlson, Chairman
BY: _Q G ,' W.2
Deputy County Clerc J#i T. Martin, Pro-Tem
44/66 � r
Gene R. Brantner
EXCUSED
Norman Carlson
\cque e John n
TAPE #83-132 and #83-133
DOCKET #83-50
LHR 2195
DAY FILE: OctohPr 31, 1983
OCTOBER 26 , 1983
ATTENDANCE RECORD
TODAY' S HEARINGS ARE AS FOLLOWS :
DOCKET # 83-50 Michael J. Stepanick - USR - Dog kennel operation
DOCKET # 83-65 Shig S. Nakagawa - USR - Greyhound kennel
DOCKET # 83-66 Robert E. & Maury L. Miller - USR - Veterinary clinic
PLEASE write or print legibly your name, address and the DOC # (as listed
above) or the applicants name of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
,�, ``-,-,711 /s/6.5-17/4 9c,-( 21 d,yrk_ (% 3 - 5-0
13 — v
i'/-1149 C r ccF.J0S
&ill , .0;1/4? ,. , C 77"7" _L7-
ch , /11n if9a7o X990 ',u .(,:: /P z 7 F.3 -e .v
Wolf vi.- f NI. 0,4?SO Or lc 7 Siz)T -et,
m1CU0 ,( I (i `4 V (' 11t, I, --, C1 rc ,/-rte 3 --J7)
‘,1 4
LORADO DEPARTMENT OF HEALTH
Puolic Health Veterinary Section
4210 East 11th Avenue
r%' Denver, Colorado 80220
Phone: 388-6111 Extension 209
'C;
KENNEL DESIGN RECOMMENDATIONS AND SPECIFICATIONS
+` The following specifications and diagrams are p g prepared to aid in the construction
of adequate sanitary kennel facilities and to assist in compliance of State standards
and regulations dealing with this subject. They incorporate construction features
which are most desirable to facilitate ease of cleaning and sanitation, and to give
adequate protection to animals housed within the kennel.
FLOORS -- Should be impervious to moisture, and sloped l" to 1' to floor drains. Concrete
floors should have the surface lightly roughed by broom or other device to prevent the
animal from slipping and falling should the floor become wet. The broom strokes should
be towards the floor drain. All corners between the floor and walls should be coved so
that they can be easily cleaned and sanitized.
WALLS and CEILINGS -- Should be smooth, easily cleaned, impervious to moisture and
they should be of a light color. Concrete or cinder block, when used, must be smooth
before painting or sealing.
ENCLOSURE PARTITIONS -- Should be constructed with materials of adequate strength to
hold the animal being confined. Chain link type fencing is desirable. All partitions
should be installed so that the bottom of the partition is raised two inches (2) from
the floor. This will enable one to hose large floor areas in a short period of time.
It is felt that solid partitions are costly, require a great deal of time to
clean, and do little to prevent the spread of disease. However, it may be desirable
to maintain a few solid partitioned enclosures for those animals that fight. The
primary enclosure should be of adequate size to maintain each pet animal so that it
may turn about freely and stand, sit or lie in a comfortable normal position.
RUNS -- Concrete runs should be impervious to moisture, and slope a" to 1' away from
the building towards a drain trough constructed along the outer edge of the runs. The
drain trough should also slope 4' to 1' with a sewer drain located at the lower end
of the trough. If a septic tank is to be constructed, please contact your local health
department as installation approval for such facilities may be needed.
Concrete surfaces should be roughed as indicated under "Floors" and the run parti-
tions should also be raised 2 inches from the floor to facilitate hosing of the runs.
If gravel, sand or dirt is used for runs, the material must be replaced several
times each year, or as needed.
HEATING and VENTILATION -- An adequate heating system must be installed to provide
heat during cold weather. Mechanical ventilation is also needed when ambient tempera-
tures are 850 F. or above. If it is planned to install a recirculating hot air heating
system, it should be recognized that disease organisms may be carried in the air and
recirculated throughout the kennel.
LIGHTING -- Artificial and natural lighting of sufficient intensity must be provided in
_all rooms where animals are housed or where food is prepared. Such light shall be the
equivalent of a minimum of 15 foot candles of illumination.
FOOD PREPARATION and STORAGE ROOM -- An adequately sized room for preparing and storing
food must be provided. A lavatory for washing hands should be provided in this room
and a two-compartment sink is required to wash and sanitize the animals' watering pans
and food bowls.
It is important that persons planning to build a kennel submit their kennel
plans to their city or county health department or to the Colorado Department of
Health for suggestions and approval before starting construction.
n KENNEL CROSS SECTIONS
V.
III BUILDING WALL
� J/ I �
Y .
\ OUTSIDE :
\ RUN PARTITION \' ! �
•. � I \\ ` INSIDE
/ \Y\.."\\,. PARTITION
\•v • �. .' /
x 4 C , �N •,�
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N .S • v `O`T3=DE R✓NS p .Y l f, •
•.• 4.. 'V
.II' - \ I \\- 1!1l 1\ll -_In a 4 '.dD .d�� \\\"' 1=•\ mo •d. ..
-.III - •I. I'\1='Ak.,1 - _ �"._ - ,•.I \\•\, __
*" TO 1I PARTITIONSCRAISED y" TO 11
DRAIN GUTTER SLOPE TO (UTTER COVED CORNERS 2" ABOVE FLOOR SLOPE TO FLOOR DRAIN
A. REAR VIEW CROSS SECTION OF WALL, FLOOR AND RUN:
ALL CORNERS SHOULD BE COVED FOR EASE OF CLEANING. KENNEL FLOORS SHOULD HAVE A SLOPE
OF y" TO 11 FROM THE OUTSIDE WALL TO CENTRALLY LOCATED FLOOR DRAINS. OUTSIDE RUNS
SHOULD ALSO SLOPE y" TO 11 FROM THE BUILDING WALL TO A DRAIN GUTTER LOCATED ALONG THE
OUTER EDGE OF THE RUNS. ALL ENCLOSURES SHOULD BE CONSTRUCTED SO THAT THE BOTTOMS
OF THE PARTITIONS ARE 2" FROM THE FLOOR TO FACILITATE CLEANING.
Y��
)
KENNEL RUNS / / •X ° A
•
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. /X
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y • 4 •
o a t• X11
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Y �� Zl • l•4 Q ^, •DRAIN QJTTER • ', . c
" �y V. 1
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t11 I� %, FII •_ • b.AA -VA\\ �‘ 7--_-
\\ - ;" DRAIN GUTTER SLOPED y" TO 11
GATES RAISED 2"
SEWER LINE P-TRAP OR COLLECTION BOX ABOVE CONCRETE RUNS
I B. SIDE VIEW CROSS SECTION OF DRAIN GUTTER:
'I THE DRAIN GUTTER SHOULD EXTEND THE FULL LENGTH OF THE KENNEL RUNS AND SLOPE y INCH FOR
EACH HORIZONTAL FOOT. A P-TRAP UR COLLECTION Box MUST BE INSTALLED TO RETAIN SEWER
GASES WITHIN THE SEWER SYSTEM.
A'. r t a). - 7/ 5/r3 •
Owner of dog that bit
boy pleads no contest
The owner of a pit bulldog that are ordered to pay the medical ex-
mauled an 8-year-old boy in April penses of the person who is bitten,
pleaded no contest in Denver Coun- Simons said.
ty Court Friday to a charge of fail- "We continued the sentencing
ing to post a warning that his dog phase to determine the medical ex-
was vicious.
penes;" Simons said. "I was also
Gilbert Trancosa, whose dog bit informed by the parents that they
Felix Leyva Jr. on the legs, back had retained an attorney and are
and arm on April 10, will be sen- considering filing a civil lawsuit."
tented July 15. Trancosa, who was
a neighbor of Leyva's parents at 750 The Leyvas couldn't be reached
S. Federal Blvd., kept the dog in a for comment.
van. -The Leyva family has since The boy, who has since been re-
moved to Aurora. leased from Denver General Hospi-
Judge Edward A. Simons said tal, underwent surgery for the bite
Trancosa violated a city ordinance on his leg.
by not warning people that his dog Simons said there wasn't any dis-
was vicious. The maximum penalty cussion about whether the dog
is $999 and six months in jail, Si- would be destroyed. "The indication
moos said.-' M
today was this was a Yfrst-time
However, in most cases, owners bite," Simons said. �.�-���" """�;ax� .?
Dog mauls girl, 5, to death •
CLAREMONT,Calif. — A 5-year-old girl was
mauled to death at her home by a pit bull
terrier, police said Friday.
Sara Lynn Delance died at Pomona Valley
Community Hospital shortly after the Thursday
afternoon attack, police said. She was badly
mauled on the face and neck.
The dog, owned by a woman who lives with
the Delances, was shot by a police officer.
Rocky Mountain News wire services 7/iy/g J
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i
CONTINUANCE
RESCHEDULED
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld
County Zoning Ordinance, a public hearing will be held in the
Chambers of the Board of County Commissioners of Weld County, Colorado,
Weld County Centennial Center., 915 10th Street, Greeley, Colorado,
at the time specified. All persons in any manner interested in the
Use By Special Review are requested to attend and may be heard.
BE IT ALSO KNOWN that the text and maps so certified by the Weld
County Planning Commission may be examined in the office of the
Clerk to the Board of County Commissioners, located in the Weld
County Centennial Center, 915 10th Street, Third Floor, Greeley,
Colorado.
DOCKET NO. 83-50 APPLICANT
Michael J. Stepanick
7485 Harold Street
Fort Lupton, Colorado 80621
DATE: October 26 , 1983 (Continued from August 31, 1983)
TIME: 2 : 00 P .M.
REQUEST: Use By Special Review - Dog kennel operation
LEGAL DESCRIPTION
Lots 1, 2, 5 and 6, Block 31, Aristocrat Ranchettes Subdivision,
Weld County, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
DATED: October 10, 1983
PUBLISHED: October 13, 1983 in the LaSalle Leader
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Affidavit of Publication
STATE OF COLORADO. 1
as.
(*EOM. NOTICE County of Weld, )
(:ONTINUANCI. L(_ #"G,'; ( 72 (2.Q.a,cp. of
RI.SCI II Dtll l.II
Noun x said County of Weld. being duty-sworn,'say that.-.
Pursuant lo the mining lacy of St b 1 any fisher of 1
of Oilfired..ape GeagtV d the Weld a
b �( �L(CI- ( Ct_,_^(eInp Ordlmm�v,a public hearing will be -
414 in the Chambers"I d of that the same is a weekly newspaper of general
County Commissioner.of WAdCounty,
Colorado. Weld County circulation printed and published/ in the
Center, 915 IIRh Street,y Sd .Cal P ) f �- //
..redo,at the time specifiedr {er Ooh town at 7. F a?77rei �L!'��QLi
in any manner Interested In pelts D was
LR w By in said county and store: that the notice cr cdven
Spatial Review era geuwlgl attend
and maybe heardtiaemeN. of which the annexed is a true copy.
'""' has been published in said weekly newspaper
BE IT AI,W KNOWN that tiH,�eat and 1
maps ea certified by the W aunty for ronset:dive
Planning Communion may beenamined weeks: that the notice was published in the
In the Wks of the Clerk to the Board of
regular and enure ague of every number of said County Commissioners, lucerne9n the
__ Weld County Centennial Cigar 915 newspaper during the period and tune of publi.
10th Street,Third Floor.Gr7s ,Col- cation of said notice and in the newspaper made. . _. P Mr
DOCKET NO.8960 p proper and not in a supple:.nent thereof: hat the
first publication at said notice was contained in
Mkhael J.m�AIllegenM the is!,,Lie of said newspaper bearinc data. the
745E Nareat
Port Lupton,Cola.e4— 0537 / j
. DATE: October 56, 1955 IC6115nuad day of b( (:i* . A.D.. ssue ai
•'or.August 91,19551 and the last publication tneroef. in the issue of
L ME:Deg P.M. said new Surma arma date. the /3 day at
13QOBEIT: Use Sy Special Review ,,(
-Dos lam*operation / f•'-C 19 , that the said
LEGAL DESCRIPTION
Lea L*.5 SW 6,Bloch 51,Agencret
Rancheues Sadie-Won, Wad Cowley. a , t=1 )'(i( (P4-
Colorado /1/`mil//
ARDOr has been published continuously and uninterrupt-
COMMISSOIM wily during the period ct at least fifty-two eon-
WELDCOUNTgCO O
SW MARY Anal FEU secutrve weeks next prior to the first issue thereof
WFLD COUNTY MoD containing said notice or advertisement above
RECORDER ANDC TOreferred tot and that said news
WIZpaper was at the
BY:Margie ey time of each of the publi-ationa of said notice.
DATED:October 10„195 duly qualified for that purpose within the mean-
Published In the La BWa" per
4harMn:EeMwe ttelel-• ►.-. ing of on act, entitled. "An Act Concerning Legal.
Notices, Advertisements and Publications, and
the Fees of Printers and Publishers thereof, and
to Repeal all Acts and Parts of Acts in Conflict
with the Provisions of this Act,"approved April 7,
1921. and all amendments thereof, and particu-
larly as amended by an act approved. March 30.
1923 an act approved May 1931.
Public r//
Subscribed en swo?rrn to before In. this _...> �Lp.?
day of ._._4)4-4:.__..__._....- , A.D.. 19d,,;�
My commission expires .._..2( " 7,;., V—a _
A Notary Public
E'.f_.:Z+ta�'•WV 'H+ MASSEV
2'7:1 'j `M C R'ri Si
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BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY CO QPl&it4Lr;t 'r1.-7-i-.
Date: October 18, 1983 Case No. US : 3:22
OCT 2 11983
APPLICATION OF: Michael J. Stepanick L-
y:aoa fi_�
ADDRESS: 7485 Harold Street, Fort Lupton, CO 80621 c�ee�ce
Moved by Paulette Weaver that the following resolution be- introdud for
denial by the Weld County Planning Commission:
Be it Resolved by the Weld County Planning Commission that the
application for a Use by Special Review Permit for a dog kennel
located on the following described property in Weld County,
Colorado, to wit: Lot 6, Block 31, Aristocrat Ranchettes
Subdivision.
THE WELD COUNTY PLANNING COMMISSION RECOMMENDS THAT THIS REQUEST BE DENIED FOR
THE FOLLOWING REASONS:
I. The applicant has not demonstrated compliance with Section 24.3. 1 et seq.
of the Weld County Zoning Ordinance. Specifically, the applicant has
failed to demonstrate the following:
A. That the proposal is compatible with the existing surrounding
residential land uses;
H. That the uses which would be permitted will be compatible with
future development of the surrounding area as permitted by existing
zoning and with the future development as projected by the
Comprehensive Plan or Master Plans of affected municipalities;
C. That there is adequate provision for the protection of health,
safety and welfare of the inhabitants of the neighborhood and the
County.
Motion seconded by: Bill McMurray
Vote:
For Passage Against Passage
Paulette Weaver
Doug Graff
Ed Reichert
Sharon Linhart
Bill McMurray
Jack Holman
Bob Ehrlich
The Chairman declared the Resolution passed and ordered that a certified copy
be forwarded with the file of this case to the Board of County Commissioners
for further proceedings.
CERTIFICATION OF COPY
I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do
hereby certify that the above and foregoing Resolution is a true copy of the
Resolution of the Planning Commission of Weld County, Colorado, adopted on
October 18, 1983 and recorded in Book No. VIII of the proceedings of the said
Planning Commission.
Dated the 20th day of October, 1983.
Secretary
REASONS FOR VOTING FOR DENIAL OF THE DEPARTMENT OF PLANNING SERVICES
STAFF RECOMMENDATION
JACK HOLMAN:
The reasons for his vote of denial is that the comments of Nina Dunn,
of the Colorado Humane Society, should be given consideration and
concern in this case and also concern should be given to the possible
detriment of the development of this area, realizing that it is an
agriculturally zoned subdivision to allow animals, but it is also a
growing area. Therefore, he does not feel we should do anything that
might be detrimental to the growth of the area.
PAULETTE WEAVER:
Questions the health, safety and welfare of the people in the area, as
well as the animals. There are still questions concerning the compatibi-
lity and the existing and future uses of this area.
Date: 10-18-83
CASE NUMBER: USR 559:83:22
NAME: Michael J. Stepanick
REQUEST: A U.S.R. for a dog kennel.
LEGAL DESCRIPTION: Lot 6, Blk 31 Aristocrat Ranchette Sub.
LOCATION: Approx. 1 mile northeast of Ft. Lupton.
THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application
requirements of Section 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Department of Planning Services staff that the
applicant has shown compliance with Section 24.3. 1. 1 et. seq. , of the
Weld County Zoning Ordinance as follows:
- The proposal is consistent with the Weld County Comprehensive Plan
policies and the agricultural zone district. The subject site is
located in Aristocrat Ranchette Subdivision, a rural residential
neighborhood.
- The attached operation standards appear to make the proposal
compatible with existing and future rural residential uses in the
neighborhood.
- No overlay districts affect the site.
- The Use by Special Review Operation Standards provide adequate
protection of the health, safety and welfare of the neighborhood and
the County.
The Department of Planning Services staff recommendation is conditional upon
the following:
1. The adoption of the attached Operation Standards for the Use by Special
Review.
2. The plat for the Use by Special Review permit shall be recorded at the
Clerk and Recorder's Office prior to the issuance of building permits.
OPERATION STANDARDS
USR - 559:83:22
Michael J. Stepanick
1. The permitted use shall be a dog kennel operation for twenty (20) dogs as
described in the application materials on file in the Department of
Planning Services.
2. The proposal shall comply with the Use by Special Review Design Standards
listed in Section 24.5 et. seq. , of the Weld County Zoning Ordinance.
3. The proposal shall comply with the Use by Special Review Operation
Standards listed in Section 24.6 et. seq. , of the Weld County Zoning
Ordinance.
4. The dog kennel operations shall be designed and landscaped to meet the
following minimum standards:
- A six (6) foot wooden fence shall be constructed to enclose the dog
kennel operation. The north and south fence line may be slotted to
improve ventilation.
- Spruce and evergreen trees shall be planted at intervals of twenty
(20) feet along the east fence line and west lot line. The trees
shall be located ten (10) feet from the fence. The trees shall be a
minimum of six (6) feet in height (fence level) at the time of
transplanting.
- All dogs shall be kept inside soundproofed building(s) from
10:00 p.m. until 6:30 a.m. Dogs may be permitted outside between
the hours of 6:30 a.m. and 10:00 p.m. All dogs shall be chained to
the ground in the Use by Special Review area.
- The wail section of the building(s) shall be a minimum of
five-eighths (5/8) inch sound deadening board with one-half
inch plywood on each side of cue sound deauening board. The r :._
shall be a minimum of one-half (1/2) inch plywood. The following
standards shall apply to individual dog houses: The minimum square
feet of the animal from nose to base of tail plus six (6) inches
squared, divided by one hundred forty-four (144) square inches.
- The fencing and building(s) shall be constructed within forty-five
(45) days after final approval by the Board of County Commissioners.
The landscaping shall be completed by April 15, 1984.
5. Animal waste shall be removed daily from the kennel area in an enclosed
container. The waste shall be removed on a weekly basis.
6. All phases of the kennel operation shall comply with all applicable
County and State health standards and regulations.
7. The Use by Special Review Permit shall not be transferrable to any
successors and interest to the described property shall terminate
automatically upon conveyance or lease of the property with others for
operation of the facility.
8. Representatives of the Department of Planning Services and County Health
Departments may inspect the Use by Special Review Permit area during
their regular work hours.
9. The Use by Special Review shall be limited to the plans shown hereon and
governed by the Standards as stated above and all applicable Weld County
regulations. Any material deviations from the plans and/or Standards as
shown or stated above shall require the approval of an amendment of the
Permit by the Weld County Planning Commission and the Board of County
Commissioners before such changes from the plans and/or Standards are
permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
October 18, 1983
Page 2
OPERATION STANDARDS
USR - 559:83:22
Michael J. Stepanick
10. The property owner and/or operator of this operation shall be responsible
for complying with all of the above stated Standards. Noncompliance with
any of the above stated Standards may be reason for revocation of the
Permit by the Board of County Commissioners.
investigations
Colorado
October 14, 1933 i / Humane
"Our 102nd Year" Society
Mr. Pod Allison
Department of Planning Services
915 10th St.
Greeley, CO
Dear Mr. Allison,
Colorado Humane Society urges a denial to Michael Steoanick's request for a
kennel license. We have included the following reasons in support of this
decision.
Pit Bull fighting is a sadistic sport. When a Pit Bull fight is broken up by
agents they witness two dogs locked in combat, with their mouths being pried
open by handlers, occasionally bleeding to death, or dying of internal injuries.
When the agents break the fight, they may also file charges of illegal possess-
ion of narcotics, illegal handling of firearms, gamblina and illegal liquor
sales. The fights are bloody, ruthless and the criminal element is ever
present. Pit Bull fighting is a felony. Michael Stepanick has never been
convicted of Pit Bull fighting (although he has been suspected many times)
however, should he never fight his o''m dogs, chances are his dogs would, at
some time, be used for fighting since the major supporters of this breed are
dog fighters. Michael Stepanick's ratio of bitches to dogs at the time I
witnessed his property was one to seven. It is our understanding that male
dogs are most often used in fighting, so chances are these dogs could stand
a greater chance of being used in this cruel "sport".
There are specific standards and expectations when raising dogs. These
standards include providing animals with proper food, water and shelter. Also,
a specific amount of socialization and training are necessary. Proper breedina
facilities have to be clean, whelping areas heated and sanitary. The number
of dogs and bitches is usually constant, as reputations are positively gained
through tried and true puppies.
The conditions at Stepanict's kennel are questionable. The surroundina area
where the dogs are tied is open terrain, offering no natural wind break. The
area is free of vegetation so the animals live on dirt without flooring that
can be sanitized, a consideration where numerous animals are involved. The
dog shelters are not insulated, they sit out in the open and the Pit Bull is
a short coated dog. Water containers cannot be kept from freezing during the
winter. Several of the dogs are thin. In the opinion of this Society, a life
chained to a barrel, just a few feet from the next animal who is also chained
a few feet from the next animal -- while not illegal, is inhumane and should
not be classified as a kennel.
One questions the logic behind raising Pit Bulls in a residential area with
nothing between the public and the dons but a chain. Colorado Humane Society
considers Pit Bulls dangerous, along with eleven other shelters who irrdi-
ately put them to death should one arrive for adoption at their. facility.
They are bred fighting dogs. Tarry Triplett's three year old daughter is
now undergoing plastic surgery and learning to live with one eye after the
attack of a Pit Bull Terrier. Nine year old Felix Teyva, Jr. , can testify
to the fighting ability of these dogs after he was attacked and mauled by
a Pit Bull that escaped from a car. Children pass by Stepanick's residence
each and every day, walking, riding bikes, or riding the local pony; should
one of these dogs net loose there is the possibility of sonwne getting hurt.
The possibility of a child wandering onto Stepanick's property is real.
These dogs could pose a real hazard for this residential area as livestock,
household pets and humans could be injured and killed should the dogs get
loose and run. Considering all the facts, Colorado Humane Society would like
to voice their objections to granting a kennel license to Michael Stepanick.
Post sincerely,
COLORADO 1flWIE SOC i i TY
Lees/y7
Mina Dunn
Investigator
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OFFICE OF WELD COUNTY CLERK AND RECORDER
ri} DEPARTMENT OF CLERK TO BOARD
1144
WITH MINTY RMIMJX RI!ERS
�0"(21.1 'L 1` PHONE 13031356-4000 EXT. 223
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COLORADO
July 11, 1983
Michael J. Stepanick
7485 Harold Street
Fort Lupton, CO 80621
Dear Mr. Stepanick:
Your application for a Use by Special Review for a dog kennel
operation has been recommended unfavorably to the Board of County
Commissioners by the Planning Commission. The legal description
of the property involved is described as Lots 1 , 2 , 5 and 6,
Block 31, Aristocrat Ranchettes Subdivision, Weld County, Colorado.
If you wish to be heard by the Board of County Commissioners,
it will be necessary for you to indicate your request by sign-
ing the bottom of this letter and returning it to this office.
Regular hearing procedures will then be followed. This includes
publishing a Notice of Hearing in the legal newspaper, an expense
to be paid by you.
In order to proceed as quickly as possible, we must receive
your reply by July 25 , 1983 . If we are not in receipt of your
request by that date, the matter will be considered closed.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
LSO •
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of County Commissioners. I agree to pay for the legal advertising
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PS Form 3811,July 1982 _ ,..c..://,,,,,,,,, RETURN RECEIPT
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMI4!' ONJUL 8 1983
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY Cr r •-
GREELEY. COLO.
Date July 5, 1983 Case No. USR # 559:83:22 '
APPLICATION OF Michael J. Stepanick
ADDRESS 7485 Harold Street, Fort Lupton, Colorado 80621
Moved by Jack Holman that the following resolution be introduced
for passage by the Weld County Planning Commission:
Be it Resolved by the Weld County Planning Commission that the application for
a Dog Kennel Operation located on the following described
property in Weld County, Colorado, to-wit:
Lots 1, 2, 5 and 6, Block 31, Aristocrat Ranchettes Subdivision
be recommended (@ (unfavorably) to the Board of County
Commissioners for the following reasons:
I. The applicant has not demonstrated compliance with Section 24.3.1 et
seq. of the Weld County Zoning Ordinance. Specifically, the applicant
has failed to demonstrate the following:
A. That the proposal is compatible with the existing surrounding
land uses;
B. That the USES which would be permitted will be compatible with
future development of the surrounding area as permitted by the
existing zoning and with the future development as projected by
the COMPREHENSIVE PLAN or MASTER PLANS of affected municipalities;
•
Motion seconded by Bill Diehl
Vote:
For Passage Ed Reichert Against Passage
Bob Ehrlich
Jack Holman
Rill n;ahl
Jerry Kiefer
The Chairman declared the Resolution passed and ordered that a certified copy be
forwarded with the file of this case to the Board of County Commissioners for
further proceedings.
CERTIFICATION OF COPY
I, Bobbie Good , Recording Secretary of the Weld County Planning
Commission, do hereby certify that the above and foregoing Resolution is a true
copy of the Resolution of the Planning Commission of Weld County, Colorado,
adopted on July 5, 1983 and recorded in Book No. VIII of the
proceedings of the said Planning Commission.
Dated the 6th day of July , 19 83.
Secretary \
USR-559:83:22
Michael J. Stepanick
A Use by Special Review Permit for a Dog Kennel Operation
Lots 1, 2, 5 and 6, Block 31, Aristocrat Ranchettes
July 5, 1983
Page 2
C. That there is adequate provision for the protection of health,
safety and welfare of the inhabitants of the neighborhood and
the County.
II. The applicant is requesting approval of an existing dog kennel and to
expand the dog kennel operation to one-hundred (100) dogs on a four
(4) acre parcel of land. The applicant's property is boardered on
the north by Mary Avenue; on the south by Higgins Avenue; on the east
by Harold Street and on the west by Brownfield Street. There are
approximately sixteen (16) homes within five-hundred (500) feet of
this proposal. In addition, there are approximately sixteen (16)
vacant lots eligible for homes within five-hundred (500) feet of this
proposal. The Planning Staff has received several letters and phone
calls objecting to the visual unsightliness, the odor and noise of
the existing dog kennel. Because of this fact, and because there are
too many residences in the near vicinity of the proposal, this dog
kennel proposal is not compatible with the existing surrounding land
uses. Further, adequate provisions have not been made for the
protection of health, safety and welfare of the inhabitants and the
neighborhood.
III. Aristocrat Ranchettes Subdivision is a platted rural subdivision
zoned agricultural. The primary use of this area is for residential
home sites. Various species of livestock are permitted so long as a
resident does not exceed the maximum number of animal units permitted
per acre. The Fort Lupton Planning Commission has reviewed this
request and recommended denial. This fact, plus the fact that there
are several undeveloped lots in the near vicinity of the proposal
substantiate that the use would not be compatible with the future
development of the surrounding area, as permitted by the existing
zoning, and with the future development, as projected by the master
plan of Fort Lupton.
RA:rg
_Date: .; y 5, 1983
CASE NUMBER: USR-559:83:22
NAME: Michael J. Stepanick
REQUEST: A Use by Speical Review for a Dog Kennel Operation
LEGAL DESCRIPTION: Lots 1, 2, 5 and 6, in Block 31, Aristocrat Ranchettes Subdivision
LOCATION: Approximately one (1) mile northeast of Fort Lupton
THE DEPARTMENT OF PLANNING SERVICE'S STAFF RECOMMENDS THAT THIS REQUEST BE
DENIED FOR THE FOLLOWING REASONS:
I. The applicant has not demonstrated compliance with Section 24.3.1
et seq. of the Weld County Zoning Ordinance. Specifically, the
applicant has failed to demonstrate the following:
A. That the proposal is compatible with the existing surrounding
land uses;
-B. That the USES which would be permitted will be compatible with
future development of the surrounding area as permitted by the
existing zoning and with the future development as projected
by the COMPREHENSIVE PLAN or MASTER PLANS of affected munici-
palities;
C. That there is adequate provision for the protection of health,
safety and welfare of the inhabitants of the neighborhood and
the County.
II. The applicant is requesting approval of an existing dog kennel and
to expand the dog kennel operation to one-hundred (100) dogs on a
four (4) acre parcel of land. The applicant's property is boardered
on the north by Mary Avenue; on the south by Higgins Avenue; on the
east by Harold Street and on the west by Brownfield Street. There
are approximately sixteen (16) homes within five-hundred (500) feet
of this proposal. In addition, there are approximately sixteen
(16) vacant lots eligible for homes within five-hundred (500) feet
of this proposal. The Planning Staff has received several letters
and phone calls objecting to the visual unsightliness, the odor and
noise of the existing dog kennel. Because of this fact, and because
there are too many residences in the near vicinity of the proposal,
this dog kennel proposal is not compatible with the existing surrounding
land uses. Further, adequate provisions have not been made for the
protection of health, safety and welfare of the inhabitants and the
neighborhood.
III. Aristocrat Ranchettes Subdivision is a platted rural subdivision
zoned agricultural. The primary use of this area is for residential
home sites. Various species of livestock are permitted so long as •
a resident does not exceed the maximum number of animal units
permitted per acre. The Fort Lupton Planning Commission has reviewed
this request and recommended denial. -This fact, plus the fact that
there are several undeveloped lots in the near vicinity of the
proposal substantiate that the use would not be compatible with the
future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
the master plan of Fort Lupton.
RA:rg
LASE SUMMARY SHEET
Case Number: USR-559:83:22
Size of Parcel: 4 acres, more or less
-Request : A Use by Special Review Permit for a Dog Kennel in the "A"
(Agricultural) Zone District
Staff Member to Contact : Rod Allison
Possible Issues Summarized from Application Materials:
The dog kennel exists on the property and is presently violating Section
31.4 of the Weld County Zoning Ordinance, Use by Special Review. The
-Planning staff has received several phone calls and letters objecting
to this kennel. The major complaints were noise and odor. There are
approximately twenty (20) homes within five hundred (500) feet of this
operation.
The Fort Lupton Planning Commission is scheduled to hear this case on
June 28, 1983 . A dog kennel operation for twenty (20) dogs was approved
on September 15, 1983. That kennel was located on the southwestern edge
-of Aristocrat Subdivision and the proximity to residences does not appear
to be as great an issue as this present proposal.
The Planning staff has received complaints that the applicant circulated
a paper titled "Names of Owners of Property Within Five Hundred (500)
Feet," had people sign it and later referred to the paper as a petition
of support.
-RA:rg
FIELD CHECK
FILING NUMBER: USR-559:83:22 DATE OF INSPECTION: June 22, 1983
NAME: Michael J. Stepanick
REQUEST: Use by Special Review Permit for a Dog Kennel Operation (i.e. , "Pit Bulls")
LEGAL DESCRIPTION: Lots 1, 2, 5 and 6, Block 31, Aristocrat Ranchettes
LAND USE: N Mary Street, 3 Mobile homes
E Harold Street, Vacant lot, mobile home
S Unimproved portion of Higgins Avenue, two vacant lots
W Unimproved portion of Higgens Avenue, two vacant lots
ZONING: N Agricultural
LOCATION: Northeast of Fort Lupton; south E Agricultural
of Mary Avenue and west of Harold Street S Agricultural
W Agricultural
COMMENTS:
The site consists of four (4) adjacent lots for a total of four (4) acres. Access is
to Harold Street, a dirt road. Improvements include a double-wide mobile home, shed, a
fenced dog pen area and storage of two (2) additional mobile homes.
Any proposed expansion of the current pit bull operation in this populated
subdivision should have adequate (i.e., at least six (6) feet in height) wood fencing
to conceal any undesirable activities. Also, a dense planting of evergreens and
drought resistant deciduous shrubs and trees (i.e. , Russian Olive, Locust, etc.) beyond
the wooden fences would help to dampen the sound of barking dogs.
BY: aducertS: At Z2- ,
Michael S. Mullen, Current Planner
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' APPLICATION I
USE BY SPECIAL REVIEW
Department of Planning Services, 915 Tenth Street, Greeley, Colorado
Phone - 356-4000 - Ext. 400 3
12 2- Date Received 6' Z J G
)
Case Number S y� 5,-59 , 4>,-)., j,
Application Checked by se4t
Application Fee cr.p0 Receipt Number I
Recording Fee Receipt Number
TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary
signature)
I (we) , the undersigned, hereby request hearings before the Weld County Planning
Commission and the Weld County Board of County Commissioners concerning the pro-
posed Special Review Permit of the following described unincorporated, ea. of3
Weld County Colorado: Lots Line ci) , teo1 ) Lure 17) . ano Jlx co , in lock
Phir_yr one (31) , ARIJrCCA2 dANJJh" "r.':) SUdDLJijI ,; a...:u:v)
__r r*
LEGAL DESCRIPTION OF SPECIAL-REVIEW PERMIT AREA: - Section
T N, R W
LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit
is proposed: Section T N, R W
Property Address (if available) 7'835 Harold itreet, Jort Lu^ton, ,;olor,do (+062.1
PRESENT ZONE A OVERLAY ZONES
TOTAL ACREAGE 4 Peres
PROPOSED LAND US: ,on-commercial Doe Kennel
EXISTING LAND USE %esiaenti.a.l
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING:
Name: '.'Fiche e' J. 3tenn nick
Address: 7'455 Harold - City -'L• Luoton Zip JU0L1
Home Telephone # 557-°'154 Business Telephone # 2d9-5311
Name:
Address: City Zip
Home Telephone # Business Telephone #
Name
Address: City Zip
Home Telephone # Business Telephone #
APPLICANT OR AUTHORIZED AGENT (if different than above) :
Name:
Address: City Zip
Home Telephone # Business Telephone #
Owner(s) and/or lessees of mineral rights on or under the subject uroperties
of record in the Weld County Assessor's Office:
Name: Nelson John McConahay
Address: 950) -J. Avenue City L'kewood, CU Zip Su2.1b
Name:
Address: City Zip
Name:
Address: City Zip
I hereby depose and state under the penalities of perjury that all statements,
proposals and/or plans submitted with or contained within this application are
true and correct to the best of my knowledge.
COUNTY OF WELD
STATE OF HCOLORADO ) ogf„ ignature: er or Authorized Agent
ry\ Subkicziibtd, aa3 sworn to before me this 1 day of C\ 1_ 19 %
NO ARY PUBLIC
My commission expires My Commission expires Feb. 13. 19W
C (-
Petition eor Js' Permit for a Family Operated Non—Jonmercial
Dog Kennel Located at. 7485 Harold, Ft. Lupton, CO .'10621 in Aristocrat
Ranchet'es subdivision.
In support o= this annlication, the following st•tements, petitions and
documents are submitted to demonstrate the intent to comply with the
overall develonmental standards of ;field County boning Ordinances.
The nronosed establishments of a family operated non-commercial
kennel is consistent with the .leld County Comprehensive Flan: the
subject property is zoned (A) agriculture and is located within
Aristocrate Ranchettes 'subdivision an area whose residents are
animal oriented, and are owners of a variety of animals including
horses, doors, cats, poultry, and other such farm animals. There
are also many other do^ kennels and breeders within close proximity
to the said orone -ty. The proposed use is not inconsistent with
the existing uses.
The nro.iosed use would be compatible with any foreseeable future
•
devel.o'mert of the immediate area.
The facility is supplied with water by the Aristocrat Ranchettes
dater °rolec`_, Inc.
In the special case of nre-e-'i_st.i.ne resdential subdivisions in the
(A) -one, the (A) zone is retained to .reserve the rural character
o`' the areas, and to allow uses in `,hose areas which m,g.ht not be
annronriat.e in urban areas , such as the proposed non-commercial
dog kennel.
•
The Proposed use is also compati le with the future development of
the ar^a . Over the years since its platting„ Aristocrat Ranchet`es
has developed a character distinctly rural and informal, with a
diversity of uses of individual lots. tat is not a wealty suodivision
no'- will it become one. It is the ideal location for a kennel. Its
existence was an accomplished fact well before the ado;tion of the
County Comprehensive 'tan, The reaction of well planned facilities
as the proposed non-commercial kennel can only improve the area.
The -ironosed kennel use would he solely for non-boarding, oreedina
purnoses. Mousing, `encine, and s-ace requirements will comply with
existing county regulations.
All animals are, and will be, regularly examined by a Dr. of Veterinary
Medicine who also supervises the health maintenance pro=ram.
No more than (25) dons will Pe hoisea (Per acre) in the kennel area.
Wastes associated with the proposed use will be removed daily and
tra.nsmorted to the local land-fill weekly. itt +ettk Number or19s What) M4 e flee
ate{
The immediate neighbors (within 502 filrhave no objection to the
proposed use. Siena 'ures attached.
Larry L. McMillen, D.V.M.
Tort Lupton Veterinary Hospital
1025 First Street
Fort Lupton, CC 062.1
to Whom It ,,?ay Concern:
this is to certify that Mike Steoanick, 7485 Harold Street, Fort Lupton,
CO 90521 has been a client of mine for the past four years. In my opinion,
Mike takes very good core of his animals. He has had them re -iodically vaccinated
and on a good health maintenance program. Mike has had any health problems or
iniuries attended to immediately.
rn onini_nn, Nike 3tepanick would be a responsible kennel operator.
I r,roulribe ha^"v to continue as bike's veterinarian and to handle a health
program for the kennel.
Sincerely,
- - Larry L. McMillan, D.V.M.
•
NAMES ,/ OWNERS OF PROPERTY WITHIN 500 ( .T
c Please print or type
NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL
STATE AND ZIP CODE IDENTIFICATION #
.�. s) 73 4 ga..“
711
-C.--- "73 ye //..4 . .
S C'�g!4.! L.t /,S'/6 U
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Cat 7
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Mc ON Adv•
9 co o Co • aO 4t
Leo I g oa/s
C (-
MAILING LIST
USR 559:83:22
Charles and Wanda Stewart Donald and Sandra Williams
15201 Casler Avenue 13513 Orange Avenue
Ft. Lupton, CO 80621 Southgate, CA 90280
N.J. McConahay Shirley Hunt
c/o Richard and Doris Sittingdown Box 323
Route 1, Box 252-E Ft. Lupton, CO 80621
Ft. Lupton, CO 80621
Richard Lee Hunt
Vincente and Geraldine Martinez P.O. Box-323
15334 Mary Avenue Ft. Lupton, CO 80621
Ft. Lupton, CO 80621
John and Harriet Allen
Edwin and Caroline Faulkner 15165 Mary Avenue
7523 Richard Ft. Lupton, CO 80621
Ft. Lupton, CO 80621
N.J. McConahay
James and Phyllis Faulkner 9500 W. 26th Avenue
15334 Mary Avenue Lakewood, CO 80215
Ft. Lupton, CO 80621
George and Alice Vantruse
Charles and Eda Davenport 15025 Mary Avenue
15294 Mary Avenue Ft. Lupton, CO 80621
Ft. Lupton, CO 80621
Jack Vanghn
Benita M. Castorena 15024 Mary Avenue
501 East Emma Street Ft. Lupton, CO 80621
LaFayette, CO 80026
Ardita Ann Bachman
Rudolph and Remedios Perea 15024 Mary Avenue
7030 North Colorado Boulevard Ft. Lupton, CO 80621
Commerce City, CO 80022
Roy and Julia Hungerford t /
7616 Harold Street / 1
Ft. Lupton, CO 80621
N.J. McConahay
c/o Kenneth and Bernadette Larson
7576 Harold Street
Ft. Lupton, CO 80621
Mary Howard
15335 Mary Avenue
Ft. Lupton, CO 80621
Alfred and Nellie Clermont
7615 Harold Street
Ft. Lupton, CO 80621
15125 Mary Avenue
Fort Lupton, Colorado 8 .- _ ;
June 21, 1983 ! fi
t\' JUN 271983
Weld County Commissioner
Centennial Building c LeI.cr' CV-0.
915 10th Street
Greeley, CO 80631
Gentlemen:
I am a resident of Aristocrat Ranchettes at 15125 Mary
Avenue, Fort Lupton, Colorado 80621, and live across the
road from Michael J. Stepanick who is applying for a re-
zoning of his property to U.S.R. for a dog kennel operation
on Lots 1, 2, 5, 6, Block 31, Aristocrat Ranchettes , approxi-
mately one mile northeast of Fort Lupton.
I wish to protest in the strongest manner possible, the
rezoning of this property to a dog kennel use for the following
reasons:
1. This is a residential area designed and planned for
quiet and secluded rural residential living. The presence of
dog kennels with the attendant noise and commercial training
and feeding is certainly not compatible with a residential
area. If this were granted, all the residential area imme-
diately surrounding the dog kennel would be destroyed as a
place to live.
2 . The presence of the dog kennels constitute a civil
nuisance because of the noise and general commotion that takes
place. This occurs particularly during feeding time at around
5: 00 or 5 : 30 p.m. These dogs are pit bull dogs and howl ,
scream, bark and whine at most times of the day and night at
sporadic times depending on the daily circumstances. The dogs
are on a chain attached to a dog house and can move about
only in a limited manner. At the present time, there are 20
to 25 dogs maintained in such a fashion. The feeding takes
place at the individual houses which are lined up in row
fashion. The training of the dogs apparently takes place in
an enclosure on the premises which is located between my house
and the house of Mr. Stepanick. The noise and commotion and
general commercial enterprise of this dog operation is offen-
sive to the normal residential use of the lots in this area.
It affects the nerves , peace and well-being of the people in
the area. The odor is offensive from the kennels. In gen-
eral, it is destructive of the peace and quiet usually asso-
ciated with a rural residential area. For people like me,
who sleep during parts of the day, life next to this kennel
June 21, 1983
Weld County Commissioner
Page Two
is impossible.
3. There is no other similar use of any lots in Aristocrat
and none has ever been permitted. All of the lots are for spe-
cific residential use.
4. The protective covenants of Aristocrat Ranchettes ,
adopted September 26, 1960 , recorded November 4 , 1961 in Book
553 Reception No. 1475075, clearly prohibits obnoxious or
offensive activity on any plat and prohibits anything which
may be or become an annoyance or nuisance to the neighborhood.
These covenants further state that a homeowner may have domes-
tic household pets not for commercial purposes. These pit bull
dogs are not domestic household pets and are a commercial enter-
prise and are in violation of these protective covenants.
5. The general residential integrity of the area should
be preserved. To do that the Commission should deny this re-
quest for rezoning.
6. The residential character and harmony of the area should
be preserved and encouraged by denying this request for change
of use.
7. Complaints are heard that people in Aristocrat Ranchettes
don't take care of their places . To allow this dog kennel zoning
will encourage the neighbors not to care for their places or
their neighbors and generally promote a more slovenly neighbor-
hood. What the area need and deserves is a high standard of
residential excellence to live up to. The Commissioner should
deny this zoning to maintain this high standard of rural resi-
dential living.
Howard Z . J a
arbara A. Jewart
15125 Mary Avenue
Fort Lupton, CO 80621
, "11165 Mary A:viinue
1•i' IR1 r,i��.�\S515 h rt Lupton, Colo. 60621
LT!q = - y 21, 1983
Weld County Zoning Board JUN 1G 1963
Greeley, Colorado U
Dear Sirs: Yield Co. Planning Cammissimli
For sometime now I have planned to write to you concerning a major nuisance and
annoyance that is operating openly a few yards across the road from our place of
residence, but due to illness in the family and other problems, have kept putting
it off until now.
I am referring to the pit bull dog operation run by a Mike Stepanick at 7485 Harold,
in what is known as Aristocrat Acres, in southern Weld Co. , just north of Fort Lupton.
A couple years ago it and the other operations in this area were the subject of a
series on Gunnel 7 TV, "Betting on Blood", in which Pete Webb, who made the series,
proved that they were dogs used for illegal fighting.
After that came out, they quited down for awhile, then started up bigger than ever,
it makes one wonder if they know they are safe here.
The past few months the noise and uproar from the dogs has -gotten worse and worse.
At best it is an annoyance, at worse it just ruins our place for us. As my 10 year
old son told him (Stepanick last night, the noise is so bad some evenings he can't
consentrate on his homework. It ruins the little room I have fixed up here in the
front of our mobile home for an office and den; it is so terrible outside that we
are driven indoors, as outside it is just unbearable. Dogs roaring, raving, barking,
snarling, some dogs screaming as it were, sounds like little animals crying out, etc.
It is making living here impossible, but if we were to try to sell, it would lower
our property value tremendously.
Then last evening, after one o£ he worse uproars yet, Mr. Stepanick came around
with a petiton for me to sign, n'�at] his establishment was no nuisnace, etc. -
When I pointed out what a maximum annoyance it was, how it had ruined our home and
our enjoyment of it, also the fact that just that afternoon one of his dogs had got-
ten loose and was running around here, so therefore I was not about to sign it, he
left in a most ugly mood, stating in a most threatening voice "I'll REMMMBER you didn' t
sign this! " I called after him, "Is that a threat?" and he yelled back "I just said
I'll remember you didn' t 55gn this! " Paul, our son, was standing on the porch beside
me and heard it all.
I must add here the dog that was running loose yesterday was so thin I could see
every rib from my kitchen window.
What kind of a county is Weld County that. allows this kind of stuff to operate so
openly, and in a residential area so that peopled property is ruined? As I said
to Mr. Allen, I feel it is time to see a lawyer and sue for damages to our proterty
and our peace of mind. Am beginning to wonder if I could include the Weld Co. zoning
board in the suit, for allowing this to go on.
As you can see, I am sending copies of this letter to Colo. Humane Society, Weld Co.
Humane Society, and to KMGH Channel 7, the station that investigated the dog fighting
buisness a couple years ago.
?r-am &u. t ( per, �( , c.,-. J . / Sincerely yours,
p 1 /7
V Mrs. Jo C. Allen
cc: 1G!GH Channel 7, Colo. State Humane Society, Weld. Co. Humane Society
. o 2i lay/ . `2../
r , „v tai
15165 Mary Avenue
Fort Lupton, Colo. 80621
June 15, 1983
WEIR COUNTY DEPT. CF Fl \NIi:G SLRVICLB ) �
915 — 10th Street Room 342 7if, r
Greeley, Colorado 80631
Dear Sirs: f� 11;
I am in receipt of a notice from your office info D s of a Hearing on July
5, 1983, concerning the granting of a dog kennel peeni t34fljv mil J. Stepanick.
At present, it appears I will be out of the state at that time so unable to attend,
tho Mr. Allen plans to be there. At any rate, I am herewith stating on paper for the
second time (I am enclosing a copy of a letter sent you May 21) my determined, unwavering
and irrevocable opposition to this outrage on my property, it's enjoyment and valuation.
May I point out to you a paragraph in my first letter that says: "Then last evening, after
one of the worse uproars yet, Mr. Stepanick came around with a petition for me to sign,
stating that his establishment was no nuisance, etc. . ." You see, Sirs, it was not until
Saturday morning when I took a copy of that letter to Comm. Martin that I learned, from
him, that it was a dog kennels permit Mr. Stepanick was applying for. When he had handed
me the signature sheet the night before, Mr. Stepanick said nothing about wanting to put
in dog kennels in front of our place, just that he wanted me to sign something saying his.
place was not a nuisance. I'd call that trying to obtain signatures under fraud.
To put this in it's simplest form, if he is granted this license, our home and property
here is down the drain. Any rest, pleasure and enjoyment of it day or night would be out
of the question, and it's re—sale value would plummet. I'll never forget a night about
2 years ago, when there was surh a terrible uproar coming from his place, - many, many
dogs barking, snarling, raving, and some animals, I couldn't identify them, screaming
and shrieking in agony, we couldn't sleep. Finally I got up and dress¢and drove slowly
past his place, trying to see behind the high fences what was going on, and hoping to
find someone to learn what was going on. Almost at once things quieted down; a big out—
side light went off, and except for some whining and whimpering, everything hushed up.
This is what we live a few yards from now; for God's sake, Commissioners, don't make life
any worse for us, and for our fine, law—abiding, hard—working neighbors, Mr. and Mrs.
Howard Jewert, who have toiled day and night turning their new home next door to us here
into a place of outstanding beauty.
If Mr. Stepanick insists on engaging in this kind of business, he's free to move his
operation out to the wride open spaces; he should NOT be allowed to liiterally destroy
the lives of people around him.
Sincereejlyp yours,
nWa yc-1'!.w
Mrs. John C. Allen
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James €: Phyllis Faulkner,
1 T334 Mary Avenue > .
Fort Lupton, Colorado lip,:Y,(1-',.;;-';
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June 25, 1983
'
Rod Allison y ti�� -` j��,,
Weld County Dept. of P1a.nnin, Services 0/dc soli <�
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G15 10th Street -
R
reeley, Colorado 8 '4c p�a
0531 ���gCo��/fr
Dear Mr. Allison: /oft
We are property owners within 500 feet of property
owned by Michael J. Stepanick. We understand that Mr.
Stepanick has applied for a kennel license. We would
like to strongly protest the issuance of this license.
We do not want to have a commercial enterprise of any
kind in our neighborhood and we particularly disapprove
of the noise, smell and etc. that these dogs would
create. : e would also like to add that due to the type
of dog Hr. Stepanick raises, "pit bulls!", we worry for
the safety of our children and pets.
Please strongly consider our position before
making judgment.
Sincerly,
zlit We1 yi4gy
i-
.amesu�ykner ,
Ly[C iPa
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PhyZ1is Faulkner
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June 26, 1983 .`�
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Rod Allison
Weld County Department of Planning Services
915 10th Street - Room 342
Greeley, Colorado 80631
Dear Mr. Allison:
Vie are property owners within 500 feet of property
owned by Michael J. Stepanick. We understand that Mr.
Stepanick h s applied for a kennel license. We would
like to strongly protest the issuance of this license.
We particularly disapprove of the noise, smell and etc.
that these dogs would create. We would also like to
add that due to the type of dog Mr. Stepanick raises,
"pit bulls" , we worry for the safety of our children
and pets.
Please strongly consider our position before
making judgment.
Sincerely,
June 3'', 1981
�Oir
"' / �,
Planning Commission . ,_ ,_
915-10th Street U/ ) j'j\
Greeley , Colorado �.'
Case No. 55f •
e
Re Dosshhleeloc: 1 inn Me,ry Ave , and ll: gold Copd//n�gC0°///i'
in Aristocrat kr nc hettes Subdivision
S/O�
Lsdies and Gent l eme nt.
I am half-owner of the acre at 1 .52(15 Mary Avenue right across the
road from the proposed increased kennel .
NO WAY! Too ninny dogs. Ton many animals. •
T didn 't know whet a kennel was like he fore--T know now ! Tn fact
Chuhles Roy 1 es and Mike (Ste naviCM" should he nut on short chains
and forced to smell each other 's feces 24 hours a day like those
poor animals have to . Roth of them should be chained to that
exercise wheel and forced to go round and round and round and
round like they have done to those clogs. That exorcise wheel
1 think is on Chnhbs ' place now. If it isn 't torn down now
it should he and ,:old for scrap.
In fact , if Channel 7 was correct about Chuhhs and Mike 's
part ici rat ir:n in dog fighting, they should never he able to have
possession of even one dog.
I honestly feel that too many animals are permitted agriculturally .
Particularly la, ge animals such as horses, cows, et cetera.
So why should l -want more and more and more -logs cross from me?
NO WAY.
My neighbor, John Allen , told me if you find in favor of those
two men, CIuhhs ' and Mike I hat he wi I1 open on garage next
door to me . NOCWAY. \O 'AY! •
This place has been up for sale before , Ind peo. le drive .around
and see those .rail -to-w:+l ] dogs -- forget it , no sale !
There is no non-! for anyth inn crmmcrcial out !rove . The town of
Pert ! Linton is only ; bout four mihes away . we don 't need
Janet Green 's Ir:rch ,service . That 's one of the reasons In want
to move--creeninv cormere iolism.
TF von find for Chuhhs and Nike ( this nl ace is again list cal for
sale with ('.entnry 21 in Rricrhton ) the property value will he
rnrinced and NO sale ) , T wi I l not hesitate to t: !.e each end
every one of von , collect ively , and everyone eh( may have written
apprrnving such r kennel straight up to the Supreme Conti ii 1 have
to . T will N(Y' hesitate !
NO "/AY! NO V\Y !
.Sincerely ,
/7fiOi (Cyr 1t ' e/Rc't eeLLuitt7a-
,C 1 '1 ' JCi1" ?!I/ j:u / !% n-/. /F rl"i. Lliii _ , (It e "
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