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HomeMy WebLinkAbout20030294.tiff HEARING CERTIFICATION DOCKET NO. 2003-03 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1404 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 - BAY() ALARAPE AND KAREN CROWE 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-Tem 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, Wendi Inloes 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 3, 2003, and duly published January 8, 2003, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request of Bayo Alarape and Karen Crowe for a Site Specific Development Plan and Use by Special Review Permit #1404 for 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 Karen Crowe and Bayo Alarape, 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. Ms. Crowe indicated they would like to proceed today. Wendi Inloes, 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. She gave a brief description of the location of the site and stated four referral agencies responded favorably with comments which have been incorporated into the Conditions of Approval and Development Standards. She stated there is adequate water and sewer service available for the second residence, and access will be from Weld County Road 8. Ms. Inloes requested a Condition of Approval be added to require the mobile home be placed on a permanent foundation. In response to Commissioner Geile, Ms. Inloes stated each residence has a separate well which has been approved by the State, as required by Development Standard #9. Responding to Commissioner Masden, Ms. Inloes stated the lot is approximately 9.8 acres, and the second residence will be for family use only. She explained the applicants' parents will live on the site to help maintain the property and livestock and provide child care. Commissioner Geile commented the size of the site entitles the applicant to approximately 36 animal units as a Use by Right. 2003-0294 PL1641 CO /4, HL(7 /) PC-3 HEARING CERTIFICATION - BAYO ALARAPE AND KAREN CROWE (USR#1404) PAGE 2 Don Carroll, Department of Public Works, requested Condition #2.B be modified to state, "The existing residence shall use the existing residential access." He stated each residence will be required to have a separate access. Karen Crowe, applicant,stated her parents live on the site and care for her son and for the property while she works full time. In response to Commissioner Geile, Ms. Crowe stated they have some cattle which they only raise for a personal food supply. She added they may get some goats in the future. No public testimony was offered concerning this matter. Ms. Inloes requested a new Development Standard #13 be inserted to state, "The applicant shall replace existing block and tie installation with a permanent, engineered foundation approved and inspected by the Weld County Department of Building Inspection, to be completed within nine (9) months from the date of approval." She stated this language is being added as a Development Standard rather than a Condition prior to recording the plat to allow the applicants additional time to complete the work. Ms. Crowe stated they have been discussing the project with various contractors and nine months will be adequate. Responding to Chair Long, Ms. Crowe stated they have reviewed and agree with the Conditions of Approval and Development Standards as proposed and modified. In response to Commissioner Vaad, Mr. Morrison stated unless the Resolution specifically states that the use is for this applicant only, then it is implied that the use remains with the property, and the requirement for a permanent foundation seems to support that intent. Commissioner Vaad commented the neighbors indicated approval with the applicants'proposal, but there may be some concern in the future if the property is sold. Responding to Commissioner Geile, Ms. Inloes stated the 1,500-square-foot rule does not apply because this is not within a Subdivision. (Switched to Tape #2003-04.) Mr. Morrison stated the Board also has the option of placing a lot coverage restriction in the event the property is sold and the future residents choose to construct a new stick- built home in place of the mobile home. Commissioner Vaad commented he would prefer to specify the limited use to the current residents and their heirs, and not to future owners. In response to Chair Long, Ms. Crowe stated their intent is to use this permit for their own personal family use, not to increase the property value for a potential sale. Commissioner Vaad proposed adding language which specifies that Use by Special Review Permit #1404 is only allowed for the current applicants and their heirs. Ms. Inloes recommended the proposed language be added as a Development Standard so that it is included on the plat for any future land transactions. Commissioner Vaad moved to add Development Standard #22 to state, "Site Specific Development Plan and Use by Special Review Permit#1404 is only approved for the current applicants and their heirs." Commissioner Masden seconded the motion, which carried unanimously. Commissioner Vaad moved to approve the request of Bayo Alarape and Karen Crowe for a Site Specific Development Plan and Use by Special Review Permit #1404 for 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. His motion also included modifying Condition #2.B to state, "The existing residence shall use the existing residential access," inserting a new Development Standard #13 to state, "The applicant shall replace existing block and tie installation with a permanent, engineered foundation 2003-0294 PL1641 HEARING CERTIFICATION - BAYO ALARAPE AND KAREN CROWE (USR#1404) PAGE 3 approved and inspected by the Weld County Department of Building Inspection, to be completed within nine (9)months from the date of approval, " add a new Development Standard#22 to state, "Use by Special Review Permit#1404 is only approved for the current applicants and their heirs," and renumber or reletter as appropriate. The motion was seconded by Commissioner Geile, and it carried unanimously. There being no further discussion, the hearing was completed at 10:25 a.m. This Certification was approved on the 27th day of January 2003. APPROVED: BOARD OF COUNTY COMMISSIONERS D COUNTY, OLORADO iitaidII, % ATTEST: �'i t f gL oS D vid E. Lon , hair Weld County Clerk to B1861 ..: =,szliv / 1 Qtr" Robert asden, o-Tem BY: Deputy Clerk to the F �ll �il� M. J. Geile TAPE #2003-03 EXCUSED William H. Jerk DOCKET#2003-03 awl �A Glenn Vaad 2003-0294 PL1641 EXHIBIT INVENTORY CONTROL SHEET Case USR#1404 - BAYO ALARAPE/ KAREN CROWE 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 12/03/2002) D. Clerk to the Board Notice of Hearing E. Planning Staff Photo 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#2003-13 - BAWD ALARAPE AND KAREN CROWE DOCKET#2003-04 - RONALD AND JAIME SISNEROS PLEASE legibly write er print your name and complete address. 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