HomeMy WebLinkAbout20040875.tiff HEARING CERTIFICATION
DOCKET NO. 2004-32
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1456
FOR A KENNEL IN THE A (AGRICULTURAL) ZONE DISTRICT - BARBARA
SCHOTTELKOTTE
A public hearing was conducted on April 7, 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, Jacqueline Hatch
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated March 24,2004,and duly published March 27,2004,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Barbara
Schottelkotte for a Site Specific Development Plan and Use by Special Review Permit#1456 for a
Kennel in the A(Agricultural)Zone District. Lee Morrison,Assistant County Attorney, made this a
matter of record. Jacqueline Hatch,Department of Planning Services,presented a brief summary
of the proposal and entered the favorable recommendation of the Planning Commission into the
record as written. Ms. Hatch stated under this permit the applicant would be allowed 25 cats on the
site. She stated the applicant intends to capture and care for feral, or wild cats that require
veterinary care, including spaying, neutering, and shots. Ms. Hatch stated the applicant also has
four dogs and various types of birds on the property,and she gave a brief description of the location
of the site. She stated 13 referral agencies reviewed this proposal,four responded indicating no
conflicts,seven submitted comments that have been addressed through the Conditions of Approval
and Development Standards,no comment was received from the Colorado Department of Public
Health and Environment, Division of Animal Industry,and staff received two letters of concern from
surrounding property owners. Ms. Hatch displayed photographs of the site, and stated there are
two mobile homes on the site because the applicant is in the process of removing and replacing an
old mobile home. She stated there is also a permanent foundation on the site;however,a residence
will not be constructed.
Char Davis, Department of Public Health and Environment,stated she initially anticipated a more
intense use; however, after speaking with the applicant, she no longer feels that requiring a
professional engineer's review of the septic system is necessary.
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HEARING CERTIFICATION - BARBARA SCHOTTELKOTTE (USR #1456)
PAGE 2
Donald Carroll, Department of Public Works, stated Caroline Avenue is a gravel road and he has
no other comments.
Barbara Schottelkotte, applicant, stated she did submit a letter, marked Exhibit E, to address
Condition of Approval#1.A and various other questions from staff. Ms. Davis stated she does not
have a concern with the proposal. In response to Commissioner Geile, Ms. Davis stated the Manure
and Stormwater Plan is being required to ensure the animal waste is removed and does not create
a nuisance condition. Ms. Schottelkotte stated this request is being defined as a kennel because
of the number of cats; however, she explained they are free roaming, she does not confine the
animals, and if they are captured by the Sheriff's Office, she takes them to the vet for basic care.
She stated she is working to clean the lot, however, it is an ongoing process. She stated the old
trailer has been moved,she has an inspection scheduled for Thursday, and the new trailer will be
leveled and tied down by the end of the week. In response to Commissioner Jerke, Ms.
Schottelkotte explained once the new trailer is set then she will transfer her belongings and
dismantle the old trailer. Responding to Chair Masden, Ms.Schottelkotte explained the cats are wild
animals. She stated she tries to tame some if they are captured as kittens,she provides areas for
food and shelter, and once they are fixed and given their shot she does not usually handle them
again. She indicated some of the female cats do not have kittens due to their health,and many do
not reach adulthood.
No public testimony was offered concerning this matter. In response to Chair Masden, Ms.
Schottelkotte stated she has reviewed and agrees with the Conditions of Approval and Development
Standards. In response to Commissioner Geile,Ms. Schottelkotte stated she provides this service
because she feels the animals have a right to survival. She further stated the fox,coyotes,etcetera
have moved out of the area due to the number of residents, and the wild cats have come in and
control the number of rabbits and small rodents. Responding to Commissioner Jerke, Ms. Hatch
stated the violation did not involve the mobile homes, rather, it was initiated due to the number of
cats. She explained the second mobile home is temporary while Ms. Schottelkotte makes
arrangements to make the transfer. She stated the moving permit did expire;however,staff granted
a continuance to allow for this hearing and a resolution regarding the matter.
Commissioner Geile moved to approve the request of Barbara Schottelkotte for a Site Specific
Development Plan and Use by Special Review Permit#1456 for a Kennel in the A(Agricultural)Zone
District, based on the recommendations of the Planning staff and the Planning Commission,with
the Conditions of Approval and Development Standards as entered into the record. The motion was
seconded by Commissioner Vaad. Commissioner Jerke stated he is not in favor of this permit
because the site should have been cleared,the second mobile home removed,and the remaining
debris removed as topically required through a zoning violation. Chair Masden concurred and stated
there is a lot of work that needs to be done, and he wants to ensure the second mobile home is
removed or demolished. He also questioned how the applicant intends to control the number of feral
cats. Upon a roll call vote, the motion carried three to two, with Commissioner Jerke and Chair
Masden opposed. There being no further discussion, the hearing was completed at 11:30 a.m.
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HEARING CERTIFICATION - BARBARA SCHOTTELKOTTE (USR#1456)
PAGE 3
This Certification was approved on the 12th day of April 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
ATTEST: iaN.d 'l �R
Robert D. Masden, Chair
Weld County Clerk t e �► ��
r q�4 2.. %% William H. J e, Pro-Tem
BY:
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Deputy Clerk to t oo Not
�� eile
TAPE #2004-16
Davi E. Lon
DOCKET#2004-32 r
Glenn V d
2004-0875
PL1710
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1456 - BARBARA SCHOTTELKOTTE
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 01/20/2004
and 02/17/2004)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memorandum re: Items prior to scheduling
BOCC hearing (03/12/2004)
F. Clerk to the Board Typed phone testimony from Sharon Likes,
dated 04/06/2004
G. Clerk to the Board Typed phone testimony from Phyllis Stanley,
dated 04/06/2004
H. Clerk to the Board Typed phone testimony from Robin Danley,
dated 04/06/2004
Clerk to the Board Typed phone testimony from Kathleen
Chester, dated 04/06/2004
J. Planning Staff Certification and Photograph is sign posting,
submitted 04/07/2004
K.
L.
M.
N.
O.
P.
Q.
R.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS$TH DAY OF MAY, 2004:
DOCKET#2004-36 - PRIMA OIL AND GAS COMPANY
DOCKET#2004-30 -TONY DOWDY AND MIKE WHISTANCE
DOCKET#2004-31 -JOHN AND DENISE WALKUSCH
DOCKET#2004-32 - BARBARA SCHOTTELKOTTE
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 ITH DAY OF MAY, 2004:
DOCKET#2004-36 - PRIMA OIL AND GAS COMPANY
DOCKET#2004-30 -TONY DOWDY AND MIKE WHISTANCE
DOCKET#2004-31 -JOHN AND DENISE WALKUSCH
DOCKET#2004-32 - BARBARA SCHOTTELKOTTE
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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