HomeMy WebLinkAbout20040441.tiff HEARING CERTIFICATION
DOCKET NO. 2004-12.a
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1450
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 - LOYD AND SHEILA SCHLICHENMAYER
A public hearing was conducted on February 18, 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 - EXCUSED
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated January 16, 2004, and duly published January 22,
2004,in the South Weld Sun,a public hearing was conducted on February4,2004,to consider the
request of Loyd and Sheila Schlichenmayer for a Site Specific Development Plan and Use by
Special Review Permit#1450 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. At said hearing
the Board deemed it advisable to continue the matter to February 18, 2004,when the applicant's
attorney could be present. On February 18,2004,Lee Morrison,Assistant County Attorney,made
this a matter of record. Kim Ogle, 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 gave a brief description of the location of the site,which includes a residence
and an attached garage which were built in 1966. He stated a pole barn was constructed and
completed with appropriate Building Permits in 2000. Mr. Ogle stated the pole barn has 6,000
square feet of habitable space,and the applicants created two independent living quarters without
appropriate Building Permits. He stated the property is located within the three-mile referral areas
of the Towns of Erie and Frederick,and Boulder County. He stated the Town of Erie has indicated
this request does not comply with its Comprehensive Plan,and the Town of Frederick and Boulder
County did not respond. Mr.Ogle stated the site consists of a three-acre Recorded Exemption lot,
and he gave a brief description of the surrounding uses. He stated there are 14 surrounding
property owners, the site is served by a well and septic system, and the Mountain View Fire
Protection District determined there is inadequate fire flow from the street, so it provided options
which Mr. Ogle reviewed for the record. He stated the site is accessed from Weld County Road 1,
and the access is shared with three other properties. He further stated 11 referral agencies
2004-0441
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HEARING CERTIFICATION - LOYD AND SHEILA SCHLICHENMAYER (USR#1450)
PAGE 2
reviewed this proposal, eight responded with comments that have been addressed through the
Conditions of Approval and Development Standards,and the remaining agencies did not respond.
Mr. Ogle stated staff did not receive any correspondence from surrounding property owners;
however, three letters of support were included with the application materials.
Char Davis, Department of Public Health and Environment, stated she has no comments at this
time.
Don Carroll, Department of Public Works, stated there is a paved access to the site, which also
serves three other parcels. He stated there is also a recorded easement for a 20-foot access
across the property.
Fred Otis of Otis, Coan and Stewart, LLC, represented the applicant and stated he is available to
answer questions.
No public testimony was offered concerning this matter. In response to Commissioner Vaad, Ms.
Davis stated she does not have confirmation that the septic system is completed. Mr. Otis
confirmed the work is done,and the applicant will applyforthe septic permit pending approval of this
Use by Special Review Permit.
Commissioner Geile moved to approve the request of Loyd and Sheila Schlichenmayer for a Site
Specific Development Plan and Use by Special Review Permit#1450 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,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 Jerke. Mr. Morrison explained the Director
of Planning Services can waive certain notification requirements;however,the request for waiver
was received late in the process and the Board needs make a determination as to whether there
was adequate notice. He stated he researched the mineral interests,and the office of the Clerk to
the Board did provide notice of this hearing. Commissioners Geile and Jerke amended their motion
to find the notification was adequate. In response to Chair Masden, Mr. Otis stated he and the
applicant have reviewed and concur with the Conditions of Approval and Development Standards
as proposed. There being no further discussion,the motion carried unanimously and the hearing
was completed at 11:50 a.m.
2004-0441
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HEARING CERTIFICATION - LOYD AND SHEILA SCHLICHENMAYER (USR #1450)
PAGE 3
This Certification was approved on the 23rd day of February 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
�� WELD COU COL LQ5ADO
ATTEST: ���� _� � � 0!.
Robert D. Masden, Chair
Weld County Clerk to 1861 fS� ': rtx
BY:
,, '""' ♦ William H. J e, Pro-Tern
Deputy Clerk to the al
M. J.ile "'s'
TAPE #2004-08 EXCUSED
David Long
DOCKET#2004-12.a
Glenn Vaad
2004-0441
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1450 - LOYD AND SHEILA SCHLICHENMAYER
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 12/16/2003)
D. Clerk to the Board Notice of Hearing
E. Fred Otis Copy of C.R.S. re: Mineral Owners
(01/13/2004)
F. Joe Baldwin E-mail of Support (01/22/2004)
G. Otis, Coan and Stewart, LLC Letter requesting waiver of notice to mineral
owners (01/22/2004)
H. Clerk to the Board Memorandum re: Phone inquiry from Buneta
Samek (01/23/2004)
Otis, Coan and Stewart, LLC Letter requesting continuance (01/29/2004)
J. Planning Staff Memorandum requesting continuance
(02/02/2004)
K. Planning Staff Certificate of sign posting
L.
M.
N.
O.
P.
Q.
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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
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 4TH DAY OF FEBRUARY, 2004:
DOCKET#2004-07 -JON MOSER
DOCKET#2004-11 - RAEBEN SELLERS/TAMIJO, LLC
DOCKET#2004-12 - LOYD AND SHEILA SCHLICHENMAYER
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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