HomeMy WebLinkAbout20040783.tiff HEARING CERTIFICATION
DOCKET NO. 2004-17.b
RE: SHOW CAUSE HEARING CONCERNING AMENDED USE BY SPECIAL REVIEW
PERMIT #673 FOR A DOG KENNEL (MAXIMUM OF 16 DOGS) IN THE
A (AGRICULTURAL) ZONE DISTRICT - CATHERINE CARIASO
A public hearing was conducted on June 16, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tern
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated January 30, 2004, and duly published February 5,
2004, in the South Weld Sun, a Show Cause Hearing was conducted on February 18, 2004, to
consider revocation of Amended Use by Special Review Permit#673 for a Dog Kennel(maximum
of 16 dogs)in the A(Agricultural)Zone District issued to Catherine Cariaso,at which time the Board
deemed it advisable to continue the matter for two weeks to allow the respondent additional time to
bring the site into compliance. At said hearing on March 3,2004,the Board deemed it advisable to
continue the matter to June 16, 2004, with the Condition that a staff inspection be performed on
March 31,2004, confirming that the number of adult dogs(6 months and older)has been reduced
to 16, and that the site remain in compliance until the respondent either removes the kennel or
receives approval for an amended Use by Special Review Permit allowing for additional dogs. Lee
Morrison,Assistant County Attorney, made this a matter of record. Chris Gathman, Department of
Planning Services,stated respondent indicated she would no longer be on the property by June 15,
2004, and that she would be relocating outside of Weld County. Mr. Gathman stated there is a
document,which was recorded on June 3,2004,which transfers the property title from Ms.Cariaso.
He stated the Sheriff's Office has not scheduled an eviction, and the Department of Planning
Services has not confirmed a complete vacation of the property. He stated because the title has
been transferred, Ms. Cariaso would be required to rent or lease the property, and there is a
condition of the Use by Special Review Permit which states the use will cease upon transfer of the
property. Commissioner Jerke questioned what further action is required if the property has been
transferred. Mr. Morrison stated a public hearing still needs to be conducted to give Ms. Cariaso due
process. Mr.Gathman stated he has not received a letter from Ms.Cariaso requesting the vacation
of the Use by Special Review Permit. Mr. Morrison suggested notifying the current property owner
that they cannot activate the kennel; however,since the respondent has been notified of this hearing,
the Board can proceed and take action today.
2004-0783
PL0434
(tC' : /L, 1/ i/L 07-o73-cZ/
HEARING CERTIFICATION - CATHERINE CARIASO (AMUSR #673)
PAGE 2
Commissioner Geile commented upon review of discussion and public input from previous
hearings, he feels a final resolution is appropriate today. Chair Masden commented the neighbors
have been diligent in attending the meetings, and he feels this matter should be resolved.
Mr. Gathman stated on March 3, 2004, the case was continued subject to the respondent
addressing the situation with one of the following options: 1)comply with the 16-dog limit(which was
verified by animal control officer on April 16,2004); 2)vacate the Use by Special Review Permit(a
condition of approval stipulated the use could not be transferred); or 3)amend the Use by Special
Review Permit to allow for additional dogs(this option no longer applies since the property has been
transferred).
No public testimony was offered concerning this matter.
Commissioner Geile commented there has been a transfer of the deed,and he questioned whether
the property is still in violation. Mr. Gathman stated the property was found to be in compliance on
April 16, 2004; however, staff has not inspected the site since that date. Commissioner Geile
suggested revokeing the permit and authorizing the County Attorney's Office to take legal action to
ensure the property has been vacated. Commissioner Jerke concurred, and stated the Use by
Special Review Permit needs to be found in violation since it is no longer her property and the
Permit cannot transfer hands. Mr. Morrison stated unless there is a violation of a Use by Right on
the site,there may be no appropriate legal action for the County Attorney's Office since the property
has been transferred to a new owner. He suggested the Board find that good cause has been
shown for revocation of the permit, and since there is no one present to request further penalties,
not further action will be pursued.
Commissioner Vaad commented since Ms. Cariaso is no longer the property owner,the permit is
subject to revocation. Commissioner Geile moved to find that good cause has been shown for
revocation of Amended Use by Special Review Permit #673 for a Dog Kennel (maximum of 16
dogs) in the A (Agricultural) Zone District issued to Catherine Cariaso. Commissioner Vaad
seconded the motion. Mr. Morrison stated the permit could also be revoked based on prior
violations. The motion carried unanimously. In response to Mr. Morrison, Chair Masden stated
since there is no one present to request further penalties, no further action will be pursued. There
being no further discussion, the motion carried unanimously and the hearing was completed at
10:30 a.m.
2004-0783
PL0434
HEARING CERTIFICATION - CATHERINE CARIASO (AMUSR #673)
PAGE 3
This Certification was approved on the 21st day of June 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
4I 1� �� WEtQ NN,.COLORADO
iiit,-,2-,co. Robert D. Masden, Ch it
' g C Clerk to the Board
----‘n_ ,
°gin \� // William H rke, Pro-Tem
!BY:7 e i /,✓/- i ,
Deputy Clerk to the Board
M. J. 'le
TAPE #2004-26 CN CO
David E. Long
DOCKET#2004-17
Gle n Vaad
2004-0783
PL0434
EXHIBIT INVENTORY CONTROL SHEET
SHOW CAUSE AMUSR#673 - CATHERINE CARIASO
Exhibit Submitted By Exhibit Description
A. Theodore Schraqe Letter of Opposition (02/12/2004)
B. Concerned Citizen Letter of Opposition (02/13/2004)
C. Planning Staff Fax from Ms. Cariaso received 03/02/2004,
including letters from Colorado Department
of Agriculture (02/26/04), and Lisa Dickens
(02/29/04)
D. Planning Staff Memo requesting Continuance, Case
Summary, and E-mail from Gary Schwartz,
dated 06/14/2004
E. County Attorney Sheriffs Deed, dated 06/03/2004
F.
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 16TH DAY OF JUNE, 2004:
DOCKET#2004-17 -CATHERINE CARIASO
DOCKET#2004-50 -SCOTT AND NANCY VERMILYEA
DOCKET#2004-51 - MARY F. AND GEORGE B. CARLSON REVOCABLE LIVING TRUST
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 3RD DAY OF MARCH, 2004:
DOCKET#2004-17 -CATHERINE CARIASO
DOCKET#2004-14 - MOISES RODRIGUEZ
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 18TH DAY OF FEBRUARY, 2004:
DOCKET#2004-12 - LOYD AND SHEILA SCHLICHENMAYER
DOCKET#2004-17 -CATHERINE CARIASO
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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