HomeMy WebLinkAbout20013091 HEARING CERTIFICATION
DOCKET NO. 2001-85
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1348
FOR AN ACCESSORY BUILDING (INDOOR ARENA FOR PERSONAL TRAINING AND
BOARDING) THAT EXCEEDS FOUR PERCENT OF THE TOTAL LOT AREA IN A
RECORDED SUBDIVISION IN THE A (AGRICULTURAL) ZONE DISTRICT - CHARLES
AND RHONDA ABFALTER
A public hearing was conducted on November 21, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem
Commissioner William Jerke
Commissioner David Long
Commissioner Robert Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Monica Mika
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated November 2,2001, and duly published November 7,
2001, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request
of Charles and Rhonda Abfalter for a Site Specific Development Plan and Use by Special Review
Permit #1348 for an Accessory Building (indoor arena for personal training and boarding) that
exceeds four percent of the total lot area in a Recorded Subdivision in the A (Agricultural) Zone
District. Lee Morrison, Assistant County Attorney, made this a matter of record. Monica Mika,
Director 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. Mika submitted a
revised Draft Resolution, marked Exhibit G,with additional changes proposed by staff indicated in
blue. Ms. Mika gave a brief description of the location of the site, surrounding uses, and
improvements on the site. She stated the proposed structure will be 40,000 square feet and will
cover approximately 19 percent of the lot,which exceeds the four percent rule. She explained that
depending upon which occupancy the structure is classified as, the setbacks from the well head
may cause development problems. Ms. Mika stated the applicants have indicated they cannot
move the structure to meet setback requirements, so their options are to apply for a variance, or
construct the building in conformance with"U"occupancy regulations. She stated the Weld County
Code allows training and boarding facilities as a Use by Right if for personal use only; however,this
structure requires a Use by Special Review Permit due to the large size. Ms. Mika reviewed the
proposed changes indicated in Exhibit G. In response to Commissioner Vaad, Ms. Mika stated the
surrounding property owners were notified of the proposed structure with a posted sign, mailed
notices, and contact with the applicant. She further stated if the structure is moved to comply with
setback requirements, the view corridor of a neighboring property will be blocked. Responding to
Chair Geile, Ms. Mika stated the applicant owns three other lots adjacent to the subject site, and
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the four lots total approximately 29 acres.
Don Carroll, Department of Public Works,stated there should be an easement or adequate access
to the parcel so there is no conflict if it is sold. He stated there is a lane which accesses the site
that crosses another lot, and there is a gravel road on the south end of the property that is part of
the Carlson Subdivision, which is not County maintained, but could potentially provide direct
access. Responding to Commissioner Vaad, Ms. Mika stated the letter from Davis, Graham and
Stubbs, LLP, marked Exhibit E, expressed concerns; however, they will not be an issue since the
structure will be for personal use only.
Rhonda Abfalter, applicant, stated the access to the two back lots is a legal access that goes with
the lots. In response to Chair Geile, Ms. Abfalter stated she has reviewed and agrees with the
Conditions of Approval and Development Standards. Commissioner Jerke expressed concern with
future owners deciding to use the structure for commercial uses, which would be a hazard since
it is so close to the well head. Ms. Mika stated if the new owner desired to change the use, they
would no longer qualify as a U building classification, and they would also have to seek a variance
from the Board of Adjustment to allow a Commercial use which encroaches on a well head. Mr.
Morrison stated this permit is only for personal use, and the future owner would not be able to
change the use without being in violation of the permit. He stated it cannot be transformed without
going through a different permitting process in the future. He concurred with Ms. Mika that this
structure would be allowed as a Use by Right if the structure were not so large.
No public testimony was offered concerning this matter.
Commissioner Vaad moved to approve the request of Charles and Rhonda Abfalter for a Site
Specific Development Plan and Use by Special Review Permit #1348 for an Accessory Building
(indoor arena for personal training and boarding)that exceeds four percent of the total lot area in
a Recorded Subdivision 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 incorporating the modifications to
the Conditions of Approval and Development Standards as proposed by staff in Exhibit G. The
motion was seconded by Commissioner Jerke, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:45 a.m.
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This Certification was approved on the 26th day of November 2001.
APPROVED:
BOARD OF C UNTY COMMISSIONERS
ate, ,•�p`/� WELD CO TY, COLORADO
ATTEST: ate �i��i `tla
M. J. eile, Cha.
Weld County Clerk to tBY: • .ate ��
Glenn Vaad, Pro- em
Deputy Clerk to the B 4.1f✓ f
William H. Jerke
TAPE #2001-50 EXCUSED DATE OF APPROVAL
David E. Long 10 DOCKET#2001-85 EXCUSED DA E OF APPR
Robert D. Masden
2001-3091
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1348 - CHARLES AND RHONDA ABFALTER
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 08/07/2001)
D. Clerk to the Board Notice of Hearing
E. Davis, Graham and Stubbs, LLP Letter re: Oil and Gas Interests for Kerr
McGee Rocky Mountain Corporation
(09/17/2001)
F. Planning Staff 10 Photos of hearing sign, site, and
surrounding uses
G. Planning Staff Revised Draft Resolution dated 11-20-2001
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 21ST DAY OF NOVEMBER, 2001:
DOCKET#2001-82 - David Keiser/Mike Sigg
DOCKET#2001-85 - Charles and Rhonda Abfalter
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
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