HomeMy WebLinkAbout20041477.tiff HEARING CERTIFICATION
DOCKET NO. 2004-50
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1468
FORA SINGLE FAMILY DWELLING UNIT(OTHER THAN THOSE PERMITTED UNDER
SECTION 23-3-20.A OF THE WELD COUNTY CODE) IN THE A (AGRICULTURAL)
ZONE DISTRICT - SCOTT AND NANCY VERMILYEA
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, Wendi Inloes
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated May 28,2004,and duly published June 2,2004, in the
Fort Lupton Press, a public hearing was conducted to consider the request of Scott and Nancy
Vermilyea, c/o Winters, Hellerich, and Hughes, for a Site Specific Development Plan and Use by
Special Review Permit#1468 for a Single Family Dwelling Unit(other than those permitted under
Section 23-3-20.A of the Weld County Code) in the A (Agricultural)Zone District. Lee Morrison,
Assistant County Attorney, made this a matter of record. Wendi Inloes, 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. She gave a brief description of the location
of the site. She stated eight referral agencies reviewed this proposal, and three responded with
comments that have been addressed in the Conditions of Approval and Development Standards.
Ms. Inloes proposed language to be added as Development Standard#20 to state,"The property
owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration
development, completion, recompletion, re-entry, production, and maintenance operations
associated with existing or future operations located on these lands." She stated water and sewer
service is available to both homes, and they will share an access from Weld County Road 43.
Thomas Hellerich, of Winters, Hellerich, and Hughes, represented the applicants and stated the
applicants intend to build the second house for their parents. He stated the homes will share a
driveway, all other uses on the property will remain the same, and the second house will not
interfere with the irrigation system. Mr. Hellerich stated he and the applicants have reviewed and
agree with the Conditions of Approval and Development Standards as proposed, as well as the
additional language proposed by staff. In response to Commissioner Geile, Mr. Hellerich stated if
the parents no longer reside in the second house, one of the Conditions of Approval does require
the applicants to apply for a Recorded Exemption in 2007, and the applicants have agreed. He
2004-1477
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HEARING CERTIFICATION - SCOTT AND NANCY VERMILYEA (USR #1468)
PAGE 2
further stated the applicant's father will assist with some of the farming operations. Responding to
CommissionerJerke, Mr. Hellerich stated the applicants must wait until 2007 to meet the five-year
waiting period before applying for another Recorded Exemption. Ms. Inloes explained at the time
of application, one of the Recorded Exemption lots had already been sold, so they were unable to
apply for an amendment. Responding to Chair Masden, Mr. Hellerich stated the large parcel is
147 acres.
No public testimony was offered concerning this matter. In response to Chair Masden,Mr. Hellerich
reiterated he and the applicants have reviewed and concur with the Conditions of Approval and
Development Standards as proposed and modified.
Char Davis, Department of Public Health and Environment, stated the site is serviced by a septic
system, and water is provided by the North Weld County Water District.
Donald Carroll, Department of Public Works,stated staff reviewed the shared access through the
Recorded Exemption process, and all of the transportation issues have been addressed.
Commissioner Vaad moved to approve the request of Scott and Nancy Vermilyea for a Site Specific
Development Plan and Use by Special Review Permit#1468 fora Single Family Dwelling Unit(other
than those permitted under Section 23-3-20.A of the Weld County Code)in the A(Agricultural)Zone
District, based on the recommendations of the Planning staff and the Planning Commission,with
the Conditions of Approval and Development Standards as entered into the record. His motion also
included the addition of Development Standard #20 as proposed by staff, and renumbering
accordingly.The motion was seconded by Commissioner Long,and it carried unanimously. There
being no further discussion, the hearing was completed at 10:35 a.m.
This Certification was approved on the 21st day of June, 2004.
APPROVED:
]E ( z`�► BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLORADO
1$61 I( A
fir. 3�'r q Robert D. Masden, Chair
Off $uo my Clerk to the Board _
BY. .Lif William H. ke, Pro-Tem
Deputy Clerk to the Board
M. oiler
TAPE #2004-26 cA `
197
David Lon
DOCKET#2004-50 11411
Glenn Vaa
2004-1477
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1468 - SCOTT AND NANCY VERMILYEA
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 05/04/2004))
D. Clerk to the Board Notice of Hearing
E. Patina Oil and Gas Corp Letter of Opposition (04/27/2004)
F. Jean M. Wilson Waiver of Notice of Hearing (05/03/2004)
G. Patina Oil and Gas Corp Waiver of Notice of Hearing (04/27/2004)
H. Nina Sansom Waiver of Notice of Hearing (05/04/2004)
Thomas Hellerich Waiver of Notice of Hearing (04/30/2004)
J. Planning Staff Certification of sign posting, submitted
06/16/2004
K. Planning Staff Proposed language for Development
Standard #20, submitted 06/16/2004
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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
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