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HomeMy WebLinkAbout20030149.tiff HEARING CERTIFICATION DOCKET NO. 2003-04 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1399 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 - RONALD AND JAIME SISNEROS A public hearing was conducted on January 22, 2003, at 10:00 a.m., with the following present: Commissioner David E. Long, Chair Commissioner Robert D. Masden, Pro-Tern Commissioner M. J. Geile Commissioner William H. Jerke- EXCUSED Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Sheri Lockman 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 3, 2003, and duly published January 9, 2003, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request of Ronald and Jaime Sisneros for a Site Specific Development Plan and Use by Special Review Permit#1399 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. Chair Long advised Ronald and Jaime Sisneros, applicants, that they have the option of continuing this matter to a date when the full board will be present. However, if they decide to proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Jerke will listen to the record and make the determining vote. Mr. and Mrs. Sisneros indicated they would like to proceed today. Sheri Lockman, 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. Ms. Lockman stated the site is approximately 8.97 acres in size,and she gave a brief description of the location of the site and surrounding uses. She stated 11 referral agencies reviewed this proposal, 10 responded favorable or included comments that have been incorporated into the Conditions of Approval and Development Standards. She further stated the applicant intends to construct a new residence on the site and use the existing structure for a rental. Ms. Lockman stated they are not eligible to apply for a Recorded Exemption until February 27,2006. She stated they currently have 20 cattle gazing on the site; however, the terms for permitting the two wells stipulate the number of animals will be limited to four. 2003-0149 PL1642 HEARING CERTIFICATION - RONALD AND JAIME SISNEROS (USR#1399) PAGE 2 Don Carroll,Department of Public Works,stated each residence will be required to have a separate access, therefore, he requested the Board amend Development Standard #17 to insert the following language to the beginning, "The access shall be placed in such a location that there is adequate sight distance in both directions, not below the crest of a hill, or near any physical objects." Ms. Sisneros stated they would like to build a new home and live on the site. She explained there is currently a young family renting the small house,which is in good condition and well maintained. In the future they will likely use the existing house to provide assisted living for their parents. Ms. Sisneros stated the Department of Planning Services has encouraged them to apply for a Recorded Exemption once they qualify, and this Use by Special Review Permit will allow them to build a new house, while continuing to use the small house and keep it from deteriorating. She stated they feel it is important to provide affordable housing in the area, which is consistent with a large development in the area that has approximately 125 affordable homes. Mr. Sisneros stated the existing house was built in 1890, and because it is in good condition, they see no need to get rid of it. In response to Commissioner Vaad, the applicants stated they are willing to apply for a Recorded Exemption once the property qualifies. Ms. Lockman stated a Recorded Exemption application costs $1,000, a Certificate of Conveyances is $100, and the cost for surveying work varies. Based on those costs, the applicants indicated they are still willing to apply once they qualify. Commissioner Vaad suggested limiting the time of the Use by Special Review Permit so that it ceases once a Recorded Exemption is completed. Mr. Morrison stated the Board can add language which requires the applicants to apply for a Recorded Exemption; however, if for any reason the application were to be denied,the Use by Special Review Permit would still be in effect. A Condition of Approval for the Recorded Exemption could be to vacate the Use by Special Review Permit. Commissioner Vaad proposed Development Standard #24 be added to state, "The applicant or property owner of record shall apply for a Recorded Exemption within six months of expiration of the ten-year rule (no later than August 22, 2006). If said Recorded Exemption is approved, the applicant or property owner of record shall request that Use by Special Review Permit#1399 be vacated." The applicants concurred with the proposed revision. Commissioner Vaad moved to add Development Standard#24 as cited. Commissioner Masden seconded the motion,which carried unanimously. No public testimony was offered concerning this matter. The Board indicated concurrence with the proposed revision to Development Standard #17 from the Department of Public Works. In response to Chair Long,the applicants indicated they have reviewed and agree with the Conditions of Approval and Development Standards as proposed and modified. Responding to Ms.Sisneros, Chair Long clarified the Use by Special Review Permit will remain in effect until a Recorded Exemption is approved and a vacation is requested. Commissioner Vaad moved to approve the request of Ronald and Jaime Sisneros for a Site Specific Development Plan and Use by Special Review Permit#1399 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 criteria of the Code,with the Conditions of Approval and Development Standards as entered into the record. His motion also included amending Development Standard#17 to insert the following language to the beginning,"The access shall be 2003-0149 PL1642 HEARING CERTIFICATION - RONALD AND JAIME SISNEROS (USR#1399) PAGE 3 placed in such a location that there is adequate sight distance in both directions, not below the crest of a hill, or near any physical objects," and to add Development Standard#24 to state, "The applicant or property owner of record shall apply for a Recorded Exemption within six months of February 27,2006, (no later than August 22, 2006). If said Recorded Exemption is approved, the applicant or property owner of record shall request that Use by Special Review Permit#1399 be vacated." The motion was seconded by Commissioner Masden,and it carried unanimously. There being no further discussion, the hearing was completed at 10:40 a.m. This Certification was approved on the 27th day of January 2003. APPROVED: BOARD OF COUNTY COMMISSIONERS WE COU TY CO ORADO ATTEST: &≥ D id . Lon , C 'r Weld County Clerk tot B. . . , ;_ ` 5 �1/ 1/49' Robert Masden, Pro- em BY: //i . - �i��•. ..� �I Deputy Clerk to th t . M. eile TAPE#2003-04 EXCUSED Williar0 H. Jerke DOCKET#2003-04 Ata(//ILLed Glenn Vaad _ ) 2003-0149 PL1642 EXHIBIT INVENTORY CONTROL SHEET Case USR#1399 - RONALD AND JAIME SISNEROS 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 12/03/02) D. Clerk to the Board Notice of Hearing E. Planning Staff Two photos of sign posted on site F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 22ND DAY OF JANUARY, 2003: DOCKET#200343 - BAYO ALARAPE AND KAREN CROWE DOCKET#200344 - RONALD AND JAIME SISNEROS PLEASE legibly write er print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip '/n,eoAiI T 4derie. /95T1 v✓E'R , gichor/i eta 741€(2- ayin_lire, u/0 / `/So?G I./exg 41,4,/se,,‘„ cc Q-JGce� 6911 )LARi9M--- /%—a 1 kfl v /95,4 iuc4.- 3944a,L_, 1 1 1 4. 1 4 Hello