HomeMy WebLinkAbout20032937.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 22, 2003
TAPE #2003-40
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial Center,
Greeley, Colorado, October 22, 2003, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were
present, constituting a quorum of the members thereof:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Geile moved to approve the minutes of the Board of County Commissioners
meeting of October 20, 2003, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: Emergency Code Ordinance #209-B was deleted from New Business.
CONSENT AGENDA: Ronald Warner,County resident,submitted documents and photographs regarding
his property,and stated this additional information may clarify some of the issues which resulted in denial
of his applications fora Recorded Exemption and four Subdivision Exemptions. Mr.Warner requested the
Board reconsider his requests based on the fact that none of the parcels exceed 2.5 acres,therefore,the
applications should not be affected by any Intergovernmental Agreement. He stated he spoke with Karen
Cumbo, City of Dacono Administrator,who indicated there is adequate access from Weld County Roads 8
and 10. He further stated the Department of Public Works staff indicated the access cannot be taken away
based on a jurisdictional change. Mr.Warner stated the Central Weld County Water District contacted him
regarding a connection to the existing utilities,and he explained there is an eight-inch water line which runs
through his property and provides water service and fire hydrants. Commissioner Jerke commented he
feels the property owner has submitted adequate testimony to warrant reconsideration of the various
applications. Mr. Barker stated Commissioner Jerke was excused from the October 20, 2003, meeting,
therefore,the motion to reconsider must be made by Commissioners who were in attendance. Mr. Barker
also suggested the Board allow adequate time to notify the City of Dacono, which had representatives
present at the initial meeting. Commissioner Vaad moved to remove the Resolutions for denial of Recorded
Exemption#3648,and Subdivision Exemptions#1000,#1001,#1002,and#1003 from the Consent Agenda,
2003-2937
BC0016
and to schedule the matter for reconsideration on Wednesday, November 5,2003,to allow the applicant,
Ronald Warner,further opportunity to present evidence and to allow notification to other interested parties.
Commissioner Masden seconded the motion, which carried unanimously.
PRESENTATIONS:
COLORADO PUBLIC HEALTH ASSOCIATION LEGISLATIVE EXCELLENCE AWARD-DALE HALL: Dr.
Jim Dale, Director of Jefferson County Department of Environmental Health, stated he used to be the
President of Colorado Public Health Association. He stated Dale Hall, representative for Colorado's 48'"
District, is being recognized with the Colorado Public Health Award for his efforts in sponsoring House
Bill 1351 to increase the annual license fee for retail food establishments. Mr. Dale stated Representative
Hall worked with the various interest groups to find a balanced approach to raising the license fees. He
stated his efforts have resulted in a 40 percent increase in retail food license fees. Representative Hall
received a plaque and stated he received assistance from the Restaurant Association and various Health
Departments. He stated the need was proven and this increase will benefit the safety of the citizens of
Colorado. Chair Long commended the staff of the Weld County Department of Public Health and
Environment. Mark Wallace, Director of Department of Public Health and Environment, stated they are
dependent on many people to provide adequate public health,and he feels this was a great accomplishment
to find a reasonable compromise between increased fees and public safety.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $853,982.91
Commissioner Vaad moved to approve the warrants as presented by Mr.Warden. Commissioner Geile
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Warden stated there are no bids to present.
APPROVE BRIDGE REHABILITATIONS BID-DEPARTMENT OF PUBLIC WORKS: Mr.Warden stated
the Department of Public Works recommends approval of the low bid from J-2 Contracting Company, in
the amount of$110,305.00, which is less than the engineer's estimate. In response to Commissioner
Jerke, Mr.Warden stated this amount was significantly less than the others; however,staff is confident this
company will do a satisfactory job. Commissioner Geile moved to approve said bid as recommended by
staff. Commissioner Jerke seconded the motion, which carried unanimously.
APPROVE 2003-2004 WINTER SEEDING BID-DEPARTMENT OF PUBLIC WORKS: Mr.Warden stated
the Department of Public Works recommends approval of the low bid from Custom Services of Colorado,
Inc., in the amount of$16,925.00. Commissioner Jerke moved to approve said bid as recommended by
staff. Commissioner Masden seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER APPOINTMENT TO WORKFORCE DEVELOPMENT BOARD:Commissioner Geile moved
to appoint Sarah Elliott to the Workforce Development Board to replace Jorge Amaya,with a term to expire
December 31, 2005. Commissioner Jerke seconded the motion, which carried unanimously.
Minutes, October 22, 2003 2003-2937
Page 2 BC0016
PLANNING:
CONSIDER RECORDED EXEMPTION #3522 - RONALD AND MARY GRAHAM: Michelle Katyryniuk,
Department of Planning Services,gave a brief description of the location of the site and surrounding uses.
She stated the Assessor's records indicate this property contains two residences and various out buildings,
and the proposed Subdivision Exemption will separate one existing habitable residence and its associated
outbuildings from the Recorded Exemption lot. She stated the applicants contend that one of the structures
on Lot B of the Recorded Exemption was constructed as a habitable residence, not an outbuilding. Ms.
Katyryniuk reviewed her memorandum, marked Exhibit A, explaining the various options which were
discussed with the applicants. She stated the applicants'application for a non-conforming use was denied
by the Department of Planning Services due to insufficient evidence,and the Assessor's records indicate
a field inspection was conducted in 1978 and listed the structure as an outbuilding. Ms. Katyryniuk
displayed various photographs of the site. In response to Commissioner Geile,Ms. Katyryniuk stated prior
to 1977, the Assessor's records indicate the structure in question was being used for storage and was
classified as an outbuilding,and it is unclear when the residential use began. Responding to Commissioner
Jerke,Ms. Katyryniuk indicated the location of the proposed access along the property line,and stated the
previous access has been closed.
Ronald Graham, applicant, stated he purchased this property in 1995. He explained due to the unique
configuration of the site,the second option for separating the accessory structure will not work because it
makes the eastern parcel less than 2.5 acres for utility purposes. Mr. Graham stated he would like to
resolve this issue; however, he does not want to create an undue hardship on Ed Cavalier,who currently
resides in the small accessory structure. In response to Commissioner Geile, Mr. Graham stated in the
future he would like to construct a new home on Lot B. Responding to Commissioner Jerke, Mr. Graham
stated he does not own any property contiguous to this site. He stated they use North Weld County Water,
and he indicated the location of the water main that services the primary residence and then extends to the
residence to the north,as well as the accessory structure,which also has electricity and a permitted septic
system. He further stated they have replaced the original metal septic tank with a 1,000-gallon concrete
tank to come into compliance with Health Department requirements. Mr. Graham stated he met with the
Towns of Windsor and Severance because this site is within their Intergovernmental Agreement
boundaries. Commissioner Geile commented this property does not appear to be within the 208
Boundaries of the Boxelder Sanitation District. Responding to Commissioner Jerke, Mr. Graham stated
the northern lot has its own septic system and electric meter;however, it receives water services from the
water line that extends from his primary residence. He further stated under this proposal,the northern lot
would become a separate legal parcel,which would require a new water tap if the property were sold. He
stated he does not have the necessary funds to purchase a new water tap at this time; however, he would
be agreeable to a Condition of Approval which requires the installation of a new water tap at the time of sale
of the northern parcel. Mr. Barker stated the installation of a water tap is only enforceable if required as a
condition prior to recording the plat. Responding to Commissioner Vaad, Ms. Katyryniuk stated a
surrounding property owner has submitted a letter providing evidence which may support the issuance of
a non-conforming use permit. She further stated if a non-conforming use permit is granted,the permit will
be discontinued in the event the structure is expanded,the use ceases,or the structure is destroyed. Mr.
Graham stated he invested $7,000 to upgrade the septic and electrical systems to bring the accessory
structure into compliance. Ms. Katyryniuk stated if the applicant proves the structure was built and used
as a residence,they must also prove the use was not abandoned for one year or more. Mr.Graham stated
the northern residence and the accessory structure are both rented. In response to Commissioner Vaad,
Mr. Barker stated the non-conforming use would not be impacted if the residents change, as long as the
residential use remains. He further stated if the Board approves the Recorded and Subdivision Exemptions,
the conditions require only one residence per lot,or be considered in violation. He stated the applicant does
have the option of applying for a Use by Special Review Permit which would allow a second residence on
the parcel. Responding to Commissioner Jerke, Mr. Graham stated he was informed that the lot must be
at least 2.5 acres for utility purposes. Ms. Katyryniuk stated the 2.5-acre minimum only applies if the lot is
Minutes, October 22, 2003 2003-2937
Page 3 BC0016
serviced with well water; however, if the property owner can get a commitment for public water, the lot
would only have to be one acre in size. Mr. Graham submitted an affidavit, marked Exhibit B.
Manuel Pineda,surrounding property owner, stated he acquired the subject property in 1977 and farmed
it for 18 years. He stated the property has been sold eight times in the last 48 years, during which time
farmhands resided in the accessory structure. He stated Mr. Cavalier is a retired veteran who lives on a
limited income, and he has lived in the structure since the property was purchased by Mr. Graham.
Commissioner Vaad suggested adding a Condition of Approval prior to recording the plat, requiring the
applicant to apply and receive approval for a Use by Special Review permit. Mr. Barker expressed concern
with the Recorded Exemption proposal,which will result in a violation,and he suggested the applicant be
directed to proceed with an application for a Use by Special Review permit to come into compliance. Mr.
Graham requested the Board allow the accessory structure to remain as a residence for Mr. Cavalier with
the condition that all residential use of the structure cease in the event Mr.Cavalier no longer resides there.
Responding to Commissioner Geile, Mr. Barker stated the Board could allow the situation to continue as
it currently exists; however, it would not qualify as a non-conforming use if there are gaps in the use as a
residence. He further stated the accessory structure could be permitted for a Medical Hardship.
Commissioner Jerke commented this property has three residential structures and the owner is going to
have to address the legal separation of the residences and the water issues associated with them.
Commissioner Geile concurred,and stated the historical use needs to be verified. Monica Mika, Director
of Department of Planning Services,stated the various development options were previously discussed with
the applicant,and this was the route they chose. She stated staff would prefer the residences be split onto
three separate parcels. She stated the two residences would be required to have separate water sources,
with a lock on any future development on the eastern parcel until the water issue is resolved. Following
discussion, the board concurred the current proposal is not acceptable and other options need to be
reviewed. Ms. Mike stated the property is currently in violation,and she reviewed the options as described
in Ms. Katyryniuk's memorandum, marked Exhibit A, and reiterated the Assessor's records indicate this
structure was created for a non-residential use. In response to Mary Graham, co-applicant, Ms. Mika
reviewed the Use by Special Review process. Commissioner Geile commented he wants to continue this
matter to ensure the applicant fully understands all of the options,and that the review process is complete
and accurate. CommissionerJerke moved to continue Recorded Exemption#3522,to November24,2003,
at 9:00 a.m., to allow the applicant additional time to review the various options for resolving this matter.
In response to Esther Gesick, Deputy Clerk to the Board, Mr. Barker stated these applications will need to
be continued to a specific date so the Board can make a final determination. He stated these applications
can be denied in the event the applicant chooses to use another option. In response to Commissioner
Geile, Mr. Barker stated currently there is not a violation pending on this property. The motion was
seconded by Commissioner Geile, and it carried unanimously.
CONSIDER SUBDIVISION EXEMPTION#969-RONALD AND MARY GRAHAM: Based on the previous
discussion,CommissionerJerke moved to continue Subdivision Exemption#969 to November 24,2003,
at 9:00 a.m. Seconded by Commissioner Geile, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
the Acting Clerk to the Board.
Minutes, October 22, 2003 2003-2937
Page 4 BC0016
There being no further business, this meeting was adjourned at 10:30 a.m.
BO RD OF COUNTY COMMISSIONERS
LS
W COUNTY, COLORADO
ATTEST: L � - m. . Ck C�
vid E. Lo , Chair
Weld County Clerk to the `tar- 0 La,t
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• '•, �r` �� Robert D. s n, ro-Tem BY:Deputy Clerk to the Boa?.
UM M. J. Geile
Willia H. Jerke
Glenn Vaad -
Minutes, October 22, 2003 2003-2937
Page 5 BC0016
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