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HomeMy WebLinkAbout20033516.tiff HEARING CERTIFICATION DOCKET NO. 2003-91a RE: HEARING TO SHOW WHETHER GOOD CAUSE EXISTS FOR REVOCATION OF AMENDED USE BY SPECIAL REVIEW PERMIT#685 FOR A KENNEL AND BOARDING FACILITY (NOT TO EXCEED 140 DOGS AND 20 CATS) IN THE A (AGRICULTURAL) ZONE DISTRICT - MATT AND BECKY FOSHER A public hearing was conducted on December 29,2003,at 10:00 a.m.,with the following present: Commissioner David E. Long, Chair - EXCUSED Commissioner Robert D. Masden, Pro-Tern Commissioner M. J. Geile Commissioner William H. Jerke Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Carol A. Harding Assistant County Attorney, Lee Morrison Planning Department representative, Sheri Lockman Health Department representative, Cindi Etcheverry Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated December 12, 2003, and duly published December 18, 2003, in the South Weld Sun, a public hearing was conducted to consider the request of Matt and Becky Fosher for a Hearing to show whether good cause exists for revocation of Amended Use by Special Review Permit#685 fora Kennel and Boarding Facility(not to exceed 140 dogs and 20 cats) in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Sheri Lockman, Department of Planning Services, stated the respondents, Matt and Becky Fosher,are not present,although she spoke to Matt Fosher last week. Mr. Fosher stated the individual living in the house will be out by the first of the year, and he would be submitting an application fora building permit for the modular office. Ms. Lockman stated an application has not been received to date. Mr. Morrison reviewed the certificate of mailing, indicating notification was appropriately mailed and stated it is within the Board's discretion to proceed if they desire. Responding to Commissioner Jerke, Mr. Morrison stated a Show Cause Hearing is the final hearing before revocation of the Use by Special Review Permit. Ms. Lockman stated the applicant apparently does not understand the gravity of this situation. Commissioner Vaad indicated there may be citizens present who wish to testify. Chair Pro-Tem Masden stated public testimony would be allowed. Don Leffler, surrounding property owner, stated he has no problem with what the Fosher's are doing; however, he is concerned that the original permit be enforced,which requires the dogs to be locked up one hour before sunset to one hour before sunrise. Mr. Leffler also stated concern regarding traffic flow, since this is located on a busy highway, with as many as 10 or 12 people turning around every day. He stated there are no safety measures in effect for parking of clients or access. 2003-3516 1iS�ay et : Faslt.tr , J C PL0868 %' LC&J), r(J HEARING CERTIFICATION - MATT AND BECKY FOSHER (AmUSR #685) PAGE 2 Peter Jackson who lives west of the location,stated the notice which was mailed does not explain what the case is about. Ms. Lockman further explained the areas in which the respondents are not in compliance. Mr.Jackson stated the Fosher's have been good neighbors,and,although there are dogs barking, he knew that before he built his house. He stated he does not want to see anyone put out of business,and he has no complaints,although he shares Mr. Leffler's concerns about traffic. Commissioner Geile moved to continue this matter to January 19,2004,at 10:00 a.m.to allow one more notice to the respondents. Commissioner Vaad seconded the motion, which carried unanimously. There being no further discussion, the hearing was completed at 10:45 a.m. This Certification was approved on the 31st day of December 2003. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Lid �� �� EXCUSED - avid E. Lon Chair Weld County Clerk t'j e 11 t 1861 40: ,40 Robert . Masden, ro- em Deputy Clerk to t4_ ' .:. � �` . J Geile TAPE #2003-51 William H. Jer DOCKET #2003-91 Glenn Vaad 2003-3516 PL0868 Hello