The URL can be used to link to this page

Browse Search

Home My WebLink About20030480.tiff HEARING CERTIFICATION DOCKET NO. 2003-09 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1408 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 -CHARLES AND MARIAN BAUM A public hearing was conducted on February 19, 2003, at 10:00 a.m., with the following present: Commissioner David E. Long, Chair Commissioner Robert D. Masden, Pro-Tem Commissioner M. J. Geile Commissioner William H. Jerke Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Carol Harding Assistant County Attorney, Lee Morrison Planning Department representative, Robert Anderson Health Department representative, Char Davis Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated January 31, 2003, and duly published February 6, 2003, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request of Charles and Marian Baum for a Site Specific Development Plan and Use by Special Review Permit#1408 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. Robert Anderson, 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 the site is approximately one mile East of the Tri-Area Intergovernmental Agreement Boundary, and two miles northeast of Fort Lupton. Mr. Anderson stated the site currently has a stick-built, single family dwelling, a manufactured home, and several outbuildings, with existing mature landscaping. He stated the surrounding uses are predominately rural residential and agricultural in nature; out of 13 referrals which were distributed, two agencies returned referrals recommending Conditions of Approval, and ten agencies found no conflict with their interests. Mr. Anderson requested Development Standard #8 be amended by deleting the second sentence, and moving the third sentence to Development Standard #9. The current Development Standard #9 would be deleted. Mr. Anderson also requested the addition of a Development Standard between #15 and #16 (with subsequent renumbering) to read, "The single family residence shall be for family members only. The home shall not be used as a rental for non-family members." Responding to Commissioners Geile and Jerke, Mr. Anderson stated there are two total acres, which include the mobile home; and the additional Development Standard requiring family members only in the dwelling is being recommended to remain consistent with other applications of this nature. Responding to further questions from 2003-0480 PL1648 f 10 : 1k . //t( c) ftc) HEARING CERTIFICATION - CHARLES AND MARIAN BAUM (USR#1408) PAGE 2 Commissioner Jerke, Mr. Anderson said he would have to do further research to give more rationale, although he does recall one application presented by Wendy Inloes approximately two weeks ago. Char Davis, Department of Public Health and Environment stated she has no comments; and Don Carroll, Department of Public Works, stated there are two existing accesses, which are recommended for utilization. Responding to Commissioner Masden, Ms. Davis stated there are individual septic systems which are both certified. Charles Baum, applicant, stated there are individual septic systems, individual water supplies, natural gas with separate meters, and separate electrical meters. He stated the mobile home is self-contained and has been occupied for 20 years. Mr. Baum stated the Condition requiring a permanent engineered foundation will be completed with a concrete footing and concrete wall on the west, south, and east sides, and a block wall on the front side. In case it must be moved they can break out the blocks and just pull it out, leaving the foundation. He stated he does have an engineer and construction company willing to do the work. Responding to Commissioner Jerke's questions, Mr. Baum stated the mobile home has been there since 1982, and his oldest son currently lives there since his mother-in-law died last June. The reason the new Development Standard is being proposed requiring family member only is because that is his intent, and if sold, it would have to be either removed or used in a similar nature. Responding to Commissioner Jerke, Mr. Anderson stated the mobile home was historically used for a family member with a medical hardship. No public testimony was offered concerning this matter. Responding to Chair Long, Mr. Baum verified he agrees with the Conditions of Approval and Development Standards as modified. Commissioner Vaad stated this is a solution to those cases where medical hardships expire, although the County has no official policy established at this time to deal with these cases, and questioned whether staff is pursuing ways to deal with these situations. Mr. Anderson stated it is a grey area; although the new comprehensive plan encourages generational housing, and staff is investigating other options and it needs to be carried forth into the Code after formulation. Responding to Commissioner Jerke, Mr. Morrison stated if the property is sold, a new owner would not be required to change this, if in a similar situation, a family member is to live in the mobile home. He indicated the plat is recorded with the Conditions of Approval and Development Standards attached, therefore, any title search shows them to potential buyers, which is the nature of Special Use Permits. Responding to Commissioner Masden, Mr. Morrison reiterated the right is transferable under similar conditions and the Conditions of Approval and Development Standards will be noted on recordation; the intent was initially for a medical hardship which does not currently exist. Therefore, staff is trying to use the current tool to stay consistent, allowing this to remain a family property, not a rental or income property, thereby extending the use into a more permanent setting. Mr. Anderson agreed this is an anomaly and it would normally be recommended as a Recorded Exemption; however, with only two acres, that recommendation would not be appropriate. Commissioner Jerke stated this is a continuing problem with medical hardships, because the improvements remain, and this 2003-0480 PL1648 HEARING CERTIFICATION - CHARLES AND MARIAN BAUM (USR#1408) PAGE 3 solution makes sense in situations where no clear exit strategy exists. Commissioner Masden agreed with Commissioner Jerke and stated the exit strategy needs to be reviewed before approval is given to begin with. Commissioner Vaad moved to approve the request of Charles and Marian Baum for a Site Specific Development Plan and Use by Special Review Permit#1408 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 modified above. The motion was seconded by Commissioner Jerke, and it carried unanimously. There being no further discussion, the hearing was completed at 10:35 a.m. This Certification was approved on the 24th day of February 2003. APPROVED: BOARD OF COUNTY COMMISSIONERS � �� WE COUNTY, COLORADO ATTEST: fatety�1/�,� ' I'. 'a`�` David E. Long, Chair Weld County Clerk to t t ��. .(•':.�0 3/432 !• P Robert D. s en, Pro-T m BY: /.L _ • Deputy Clerk to the Bo?+.a �j� M. J. eile TAPE #2003-06 Willia H. Jerke DOCKET#2003-09 GlennV 2003-0480 PL1648 EXHIBIT INVENTORY CONTROL SHEET Case USR#1408 -CHARLES AND MARIAN BAUM Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Item Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 01/07/03) D. Clerk to the Board Notice of Hearing E. Planning Staff Certificate of Sign Posting F. G. H. J. K. L. M. N. 0. P. Q. R. S. T. U. V. • ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 19TH DAY OF FEBRUARY, 2003: DOCKET#2003-08 - CHAMBERS TRACTS SUBDIVISION LOCAL IMPROVEMENT DISTRICT#2003-1 DOCKET#2003-09 - CHARLES AND MAIAN BAUM DOCKET#2003-10 -GALETON COMMUNITY CHURCH PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip CEIARLIS BAUM es-p3 WCR 1I FT LA)PTocv COL O . 8o6zi MARIAN BAUM SSIS WCR 21 FT LUPTon CoLO, Ann& 122St (Johnson 'add {-4vdp 6 ri 1 f2 6:f OLe thvli , l-Luelvind Co Wrml D F N iu: f, 874-6-6 !> h, /1 Hello