HomeMy WebLinkAbout20040832.tiff HEARING CERTIFICATION
DOCKET NO. 2004-31
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1428
FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS(REPAIR
WORK ON HEAVY DUTY TRUCKS AND FARM EQUIPMENT) IN THE A
(AGRICULTURAL) ZONE DISTRICT -JOHN AND DENISE WALKUSCH
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-Tem
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, 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 John and
Denise Walkusch for a Site Specific Development Plan and Use by Special Review Permit#1428
for a Use Permitted as a Use by Right, an Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts(repair work on heavy duty trucks and farm equipment)in
the A(Agricultural)Zone District. Lee Morrison,Assistant County Attorney, made this a matter of
record. Chris Gathman, 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. He stated this application was submitted in an attempt to resolve outstanding violation
issues and, if approved, the violation will be closed. Mr. Gathman gave a brief description of the
location of the site and surrounding uses,and stated there are two single family residences adjacent
to the site and they share the same access as the applicant. He stated 13 referral agencies
reviewed this proposal, and 12 responded with comments that have been addressed through the
Conditions of Approval and Development Standards. He further stated staff received letters of
support from two of the adjacent property owners that share the joint access point and they have
expressed supportfor allowing the applicant to access the business. However,no permission has
been received from the property owner to the west,where approximately half of the access road
traverses over. Mr. Gathman stated the Planning Commission determined that the proposed use
will not increase the impact on the access, and he displayed photographs of the site and
surrounding area. In response to Commissioner Jerke, Mr. Gathman stated the Planning
Commission voted to approve this application,and staff's recommendation was for denial since the
access was not approved. Mr.Morrison stated Planning staff needs to provide a corrected Planning
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HEARING CERTIFICATION - JOHN AND DENISE WALKUSCH (USR#1428)
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Commission Resolution to reflecta favorable vote. Chair Masden stated the record will remain open
until a corrected document is received.
Char Davis, Department of Public Health and Environment, stated there is no information as to
whether or not the cess pool was removed;however,she will work with the applicant to resolve the
matter.
Donald Carroll, Department of Public Works, stated the site will be served by a joint access point
on Highway 392 that serves four parcels. He verified this parcel is not part of a Minor Subdivision,
the access will need to be 30 feet wide, and it will be privately maintained.
John Walkusch,applicant,stated since the Planning Commission hearing he has started erecting
the screening,which consists of a concrete retaining wall topped with an eight-foot fence,and the
improvements cost approximately$27,000. He stated 11 years ago he hired a company to abandon
the cess pool;however,a final inspection was not conducted by the Health Department to document
the work and it is difficult to get verification from the company that did the project since it happened
so long ago. He expressed concern with the need to dig up his yard to verify the system was
abandoned. On behalf of the Board, Chair Masden indicated that would not be necessary. Mr.
Walkusch stated he has already invested a lot of money, and he needs some additional time to
complete the remaining requirements. In response to Chair Masden, Mr. Walkusch stated the
improvements are approximately 600 feet north of the road, and the new fence will shield the site
from adjacent properties.
No public testimony was offered concerning this matter. In response to Chair Masden, Mr.
Walkusch stated he has reviewed and concurs with the Conditions of Approval and Development
Standards. In response to Commissioner Geile, Mr. Walkusch stated once he raises additional
funds he intends to complete a bathroom in the building that was previously a machine shed. He
stated he is the only employee,so he uses the restroom in the house which is only 50 feet from the
shop. He explained his customers just drop off the work and leave, therefore, there is not much
need for a public restroom. Ms. Davis stated she has no objection or concern with the applicant
using the house facilities; however, the house is not within the Use by Special Review Permit
boundary,which poses a technical problem. Mr.Walkusch explained he was opposed to including
the house within the boundary because if he made any changes to his house he may be required
to go through the permit amendment process. Mr.Gathman stated the house could be included in
the Use by Special Review Permit boundary and remain as a Use by Right, and as a result any
changes that are not related to the business would not require an amendment. He further stated
staff would review any change related to the business and determine whether it constitutes as a
substantial change or not. Commissioner Long expressed concern with any potential where the
applicant may have to amend the permit due to this technicality. Mr. Walkusch clarified he does
intend to add a restroom to the shop building; however, he does need time to raise the money
necessary for the project. Responding to Chair Masden, Ms. Davis stated the shop restroom will
likely be able to connect to the existing septic system,subject to a staff review. Mr. Morrison stated
as proposed,the septic issues must be addressed prior to the Certificate of Occupancy,therefore,
the requirement will need to be moved to allow for a delay as requested by the applicant.
Commissioner Geile commented based on testimony he feels the issue has been addressed and
he would like to remove the condition. Commissioner Jerke concurred and suggested deleting
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HEARING CERTIFICATION - JOHN AND DENISE WALKUSCH (USR#1428)
PAGE 3
Condition of Approval#4. In response to Chair Masden, Mr.Walkusch stated he concurs with the
deletion.
Commissioner Jerke moved to approve the request of John and Denise Walkusch for a Site
Specific Development Plan and Use by Special Review Permit#1428 fora Use Permitted as a Use
by Right, an Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts(repair work on heavy duty trucks and farm equipment)in the A(Agricultural)Zone District,
based on the recommendation of the Planning Commission,with the Conditions of Approval and
Development Standards as entered into the record. His motion included deleting Condition of
approval#4 and renumbering as appropriate. The motion was seconded by Commissioner Long.
In response to Commissioner Long, Mr. Morrison stated testimony reflects that the record will
remain open until a corrected Planning Commission Resolution is submitted for the file. The Board
concurred. There being no further discussion,the motion carried unanimously and the hearing was
completed at 11:15 a.m.
This Certification was approved on the 7th day of April 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
�D
ELD COUNTY, COL RADO
ATTEST: End (.tLa,` �_
Robert D. Masden, Chair
Weld County Clerk to e " A
71,1
F95William H. rke, Pro-Tem
BY: 'ii t) .
Deputy Clerk to the
. eile
TAPE #2004-16 •
David . Lon
DOCKET#2004-31
Glenn Vaa
2004-0832
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1428 - JOHN AND DENISE WALKUSCH
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 03/02/2004
and 07/01/2003)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Satisfied Conditions of Approval
(03/08/2004)
F. Applicant Letter requesting to proceed, dated
03/12/2004
G. Planning Staff Certification and 2 Photographs of sign
posting, received 03/29/2004
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
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
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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
36-GOO u) tat- tis J - oar t1( OS-4"
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