HomeMy WebLinkAbout20001402.tiff HEARING CERTIFICATION
DOCKET NO. 2000-27
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1263
FOR A HOME BUSINESS (AUTOMOBILE PAINTING, BODY REPAIR, AND
RESTORATION SHOP) IN THE A (AGRICULTURAL) ZONE DISTRICT - TRACY AND
MIKELE WRIGHT
A public hearing was conducted on May 31, 2000, at 10:00 a.m., with the following presert:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated May 15, 2000, and duly published May 18, 2000,
in the South Weld Sun,a public hearing was conducted to consider the request of Tracy and Mikele
Wright for a Site Specific Development Plan and Use by Special Review Permit#1263 for a Home
Business (automobile painting, body repair, and restoration shop) in the A (Agricultural', Zone
District. Lee Morrison, Assistant County Attorney, made this a matter of record. Chris Gathman,
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. Mr. Gathman
stated the application was submitted as a result of a zoning violation. He gave a brief description
of the location of the site, and stated six referral agencies reviewed the request, four of which
responded with no concern and proposed conditions. Mr. Gathman stated the Mountain View Fire
Protection District is opposed to the proposed use until the structure complies with the Weld County
building requirements for a change in use. Mr. Gathman stated the requirements of the Weld
County Department of Building Inspection are detailed in a letter dated April 7, 2000, and have
been addressed by the Conditions of Approval and Development Standards. He further stated four
letters of opposition have been received, as well as a petition in favor of the proposal. Mr.
Gathman stated the proposal is consistent with the Weld County Comprehensive Plan, the
applicant will use an existing building on the property,and potential impacts to the surrounding area
will be mitigated by the Conditions of Approval and Development Standards. He further staled the
application is consistent with the Weld County Zoning Ordinance, the proposed use will be
compatible with surrounding land uses and future development, the business will be conducted
within an enclosed building, and it meets noise requirements. Mr. Gathman stated the site is
located within three miles of the Towns of Erie, Frederick, and Dacono, it is not located within any
overlay districts, and although the site is zoned Agricultural, it is within a subdivision which makes
it unrealistic for farming. Mr. Gathman submitted a memorandum to the Board, marked Exhibit G,
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requesting the second sentence of Finding #2.e be replaced to state, "The property is not located
within any overlay district areas," and to delete Condition of Approval #2.E. In response to
Commissioner Vaad, Mr. Gathman agreed the last sentence of Finding #2.e should also be
deleted. In response to Commissioner Geile, Mr. Gathman stated the application is for a home
business and explained all work and equipment will be required to be contained within the building.
He further stated he visited the site in early April and did not see vehicles stored on the site, and
added he was not on staff at the time of the original complaint. Mr. Gathman confirmed the
applicant has constructed a six-foot privacy fence for screening. Responding to Commissioners
Baxter and Vaad, Mr. Gathman stated Conditions of Approval#2.D and #3.A address the Building
Inspection requests, and there are a couple of home occupation permits in the area but he is not
aware of any other home businesses in the area.
Tracy Wright, applicant, submitted a letter of support, marked Exhibit H. Mr. Wright staled the
existing structure needs to be upgraded before it is used for painting and containing flammable
contents, he has applied for a water storage tank to collect the water used for washing vehicles,
and Safety Clean will be contacted to dispose of all hazardous wastes. Mikele Wright,co-applicant,
stated her husband will only be working on one vehicle at a time, the compressor is not noisy, and
she feels this is a safe business. In response to Chair Kirkmeyer, Mr. Wright stated this is no
longer classified as a hobby because he does work for others. In response to Commissioner Geile,
Mr. Wright stated he does not store vehicles outside of the structure; however, there is a lean-to
on the property which stores some of his miscellaneous personal items. Regarding Development
Standard #24, Mr. Wright stated he purchased the house two years ago and later found out there
is an 80-foot easement along the north side of the property. He explained the fence on the north,
as well as his neighbors', are located within the right-of-way, and Development Standard #24 will
not require him to move the fence unless the right-of-way is needed for improvements. In response
to Commissioner Vaad, Mr. Wright stated he has seen advertisements for an automotive race
shop, restoration shop, and trophy shop in the area; however, he is not personally familiar with
them. In response to Chair Kirkmeyer, Mr. Wright stated he understands the hours of operation
will be limited. In response to Mr. Wright, Chair Kirkmeyer indicated personal mechanic work will
be allowed regardless of the hours of operation.
Ellen Frohsinn, surrounding property owner, stated the quality of life has been altered since the
auto shop was constructed. She explained the area is zoned agricultural within a residential area,
and many of the residents have outbuildings and small numbers of livestock. Ms. Frohsinn stated
the applicant has constructed a 1,800 square-foot building designed for commercial use, it is a full-
time operation,there has been an increase in traffic, and the operation generates paint fumes and
noise. She stated she purchased her home located on a one-acre lot which allows some animals.
Ms. Frohsinn expressed concern with paint fumes which appear to be affecting her chickens, two
of which have died of a rare form of cancer. She stated the odors may not violate the industrial
standards; however, it is not in an industrial area and they are harmful to livestock. Ms. Frohsinn
requested a written statement from the Department of Public Health and Environment stating the
fumes are not hazardous to her animals if the application is approved. She stated the operation
will adversely affect market values of surrounding homes, because of the unsightly building and
constant commotion. In response to Chair Kirkmeyer, Ms. Frozen stated the applicant constructed
the building in May 1998, and it was designed tall enough to store a motor home, which is now
stored outside.
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Brent Coan, attorney, represented Ms. Frozen and submitted a packet of information, marked
Exhibit I. Mr. Coan stated this is a business, not a hobby, and it is not directly related to agriculture
as required by the A (Agricultural) Zone District. Mr. Coan referenced A.Goal 2 which does not
support the application. He read A.Goal 1 and A.Goal 4 for the record and suggested this
application be denied because the use is not compatible with the surrounding uses. Mr Coan
stated there are approximately 40 residential units, and expressed concern on behalf of his client,
that the business may expand with employees and more structures. He stated the Weld County
Department of Planning Services has indicated the operation qualifies as a Home Business;
however, as qualifying Zoning Ordinance refers to a Home Business which staff has used for a
reason of approval. He read Section 31.4.18 of the Zoning Ordinance for the record and stated
the site is located within Carmacar Subdivision which was developed prior to zoning regulations,
and added this type of use would not be allowed under the current regulations. Mr. Coan referred
to a letter from the Rocky Mountain View Fire Protection District, included under Tab 5 of Exhibit
I, which indicates this is a hazardous activity, and must be conducted within a building that meets
certain requirements. Mr. Coan also referred to a letter from the Left Hand Water District, in:luded
under Tab 6 of Exhibit I,which indicates the commercial use will require a commercial tap,separate
from the residential tap. He further stated this area is described as a rural community and this type
of use is not consistent. Mr. Coan referred to a letter from Weld County Title Company in:luded
under Tab 2 of Exhibit I, indicating there are Protective Covenants for the Subdivision which do not
allow businesses. He also referred to deeds for the applicant's property included under Tab 3,
which state the property is subject to the established restrictions. In response to Commissioner
Baxter, Mr. Coan stated the Covenants expire after 20 years; however, they automatically renew
unless intentionally eliminated. In response to Commissioner Geile, Mr. Coan stated there is not
an active Homeowners' Association, but the individual property owners are responsible for
complying with the Covenants, and he is not aware of any changes being made sin3e the
Covenants were established. Commissioner Geile stated it is not the responsibility of the Board
to enforce the Covenants. Mr. Coan stated he agrees it is not the Board's responsibility; however,
it should be aware of the expectations of the surrounding community.
Mr. Morrison stated the Board can consider the Covenants in relation to compatibility not
enforcement. He further stated Section 31.4.18 of Zoning Ordinance addresses two different
situations and it does not need to be read in its entirety for interpretation. He explained Home
Businesses require that the entire operation be conducted indoors and prevents storage outside
of the structure. In response to Commissioner Baxter, Mr. Morrison clarified there is a category
of commercial and industrial uses which can be allowed in the A(Agricultural)Zone District, but not
in an agriculturally zoned townsite or subdivision to help avoid spot zoning. He stated this
application does not fall under that category and is more appropriate as a Home Business which
requires it be carried on inside of a structure, operated by family members, and will not change the
principal use of the property. In response to Commissioner Vaad, Mr. Coan indicated the location
of the facility and residence. Commissioner Vaad commented the statements regarding whether
this business promotes an agricultural use are not really relevant because the site is local:ec within
a residential area.
Barbara Meadows, surrounding property owner, stated this is a rural neighborhood,the streets are
not paved streets, and there are no sidewalks. She stated she does not smell paint fumes or hear
disruptive noises coming from the site. Ms. Meadows indicated there are some other parcels doing
car repair and storing equipment outside; however, they are also quiet. She stated the applicant's
property is kept very tidy, and her horses live in the pasture just south of the shop, and they have
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not been affected by fumes or noise. Ms. Meadows stated she is at home all day and is very aware
the activities in the area; most of the properties have power equipment for maintenance of the lots.
In response to Commissioners Baxter and Geile, Ms. Meadows stated she has lived in the area for
six years, she was aware of the Covenants, there are no junk cars, and she is not aware of a
person in charge of enforcing the Covenants. Ms. Meadows stated this is a friendly community,
and the applicant is proposing an appropriate use within the neighborhood.
Michael McKim, surrounding property owner, stated his family was the first to purchase property
in Carmacar Subdivision in 1973, and he is very familiar with the neighborhood. Mr. McKim stated
he purchased his home from his father twelve years ago and he has not been inconvenienced by
traffic, noise, or fumes coming from the facility. He stated the property is well maintained and he
would not consider this a commercial use. He stated there are Covenants; however, there is no
official Homeowners'Association, and the Covenants have not been enforced for a long time. In
response to Commissioner Baxter, Mr. McKim stated he is not aware of any changes being made
to the covenants in the past, or the action of eliminating them.
Chuck Ballard, surrounding property owner, stated the main noise generated from the applicant's
property is that of machinery used for maintenance of the lot. He stated he and the property owner
directly adjacent to the proposed shop have no concerns. Mr. Ballard stated dust suppressant has
been applied to the roads, it is a friendly neighborhood, and he has no concerns with this proposal.
There being no further public comments, Chair Kirkmeyer closed public testimony. In response
to Commissioner Baxter, Troy Swain, Department of Public Health and Environment, stated he
specializes in air quality, and he explained based on the amount of materials used, the applicant
will be under the pollution threshold. He stated if the applicant uses more than 3,000 gallons of
material per year, he should contact the Health Department to have the amounts re-evaluated. He
further stated the applicant will be subject to Air Quality Control Regulations, but he is not required
to have a permit. (Switched to Tape #2000-18.) Mr. Swain stated the applicant is proposing to
have an authorized waste hauler remove hazardous materials. In response to Commissioner
Baxter, Mr. Swain stated the emissions he measures from the property will be specific to hazardous
emissions, and the applicant has been notified of the regulations that he needs to comply with. In
response to Commissioner Baxter, Mr. Gathman indicated a Home Business needs to be
completely enclosed, and this permit has specific conditions so the use cannot be changed to
something different simply because it is still conducted at this site.
In response to Chair Kirkmeyer, Mr. Wright stated he spoke with LuAnn Penfold, Mountain View
Fire Protection District Fire Marshall, and she has personally inspected the building. He clarified
no mechanical work will be conducted on-site. He explained once that was clarified with the Fire
District, its concerns were significantly lessened. Mr. Wright stated the building will be brought into
compliance with the necessary codes to be used as an auto body repair shop to be inspected by
the Mountain View Fire Protection District. In response to Commissioner Geile, Mr. Wright stated
a car takes approximately three quarts to paint and he usually spends one or two months on each
project. In response to Commissioner Baxter, Mr.Wright stated there are no employees and there
are two drains for washing the vehicles. He stated a storage tank will be installed under the drains
and if the water tests are clean, a regular sewer maintenance company will pump it out; however,
if it results in hazardous readings, he will hire a professional company to remove the waste. In
response to Commissioner Geile, Mr.Wright stated he spoke with the Left Hand Water District and
he was told he had adequate water for the proposed use. In response to Commissioner Geile, Ms.
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HEARING CERTIFICATION - TRACY AND MIKELE WRIGHT (USR #1263)
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Wright stated they did not receive a copy of the letter from Ms. Peterson, to Mr. Coan, dated
May 30, 2000, which indicates the shop will require a commercial tap; however, they are willing to
comply with the requirement if necessary. In response to Commissioner Geile, Mr. Morrison
explained a Home Business needs to be within a residence or an accessory structure, whereas a
Home Occupation does not require a permit and must be solely with the residence.
Commissioner Hall moved to approve the request of Tracy and Mikele Wright for a Site Specific
Development Plan and Use by Special Review Permit #1263 for a Home Business (automobile
painting, body repair, and restoration shop) 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, with the deletion of the last two
sentences of Finding #2.e to be replaced with, "The property is not located within any overlay
district areas." and delete Condition of Approval #2.E. He stated the concerns expressed by
surrounding property owners will be addressed by the Conditions of Approval and Development
Standards. The motion was seconded by Commissioner Vaad. Commissioner Geile commented
the application has been discussed in detail and his initial concerns regarding this type of operation
within the A (Agricultural)Zone District have been addressed and the Conditions of Approval and
Development Standards will help mitigate any potential impacts and protect the health, safety, and
welfare of the neighborhood and County. Commissioner Baxter stated his only concern is
compatibly with the Covenants; however,based on a majority of the testimony,the Covenants have
not been enforced, and the proposed use is compatible with current activities in the area. Chair
Kirkmeyer stated the covenants have not been enforced and it does not appear that they will be,
and she feels the proposal is compatible with the surrounding uses. The motion carried
unanimously.
This Certification was approved on the 5th day of June 2000.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
Lil WF,}D COUNTY, COLORADO
ATTEST: 1�:, i Ica. ` , ',6f ' !. a- —
Barbara irkmeyer, Chair Li
Weld County Clerk to th- :.. -'
1861 ( O (S✓/G K
M. . Getle, hro—T
Deputy Clerk to ther` --
e . Baxter
TAPE #2000-17 and #2000-18 _
Dale K. Hall
DOCKET #2000-27 l u '' /, Afi/S
Glenn Vaad
2000-1402
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 31ST DAY OF MAY, 2000:
DOCKET#2000-23 - MIKE AND HEATHER HATHAWAY
DOCKET#2000-27 - TRACY AND MIKELE WRIGHT
DOCKET#2000-26 - ROBERT PARSONS (SKYLARK RANCH)
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1263 -TRACY AND MIKELE WRIGHT
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 04/18/2000)
D. Clerk to the Board Notice of Hearing
E. Dean Koenig Letter (E-Mail) of Opposition (05/17/2000)
F Sheila Koenig Letter (E-Mail) of Opposition (05/17/2000)
C. Planning Staff Memorandum re: Proposed Changes
(05/31/2000)
H. Applicant Letter of Support from Harry and Diana Heil
(05/27/2000)
I. Brent Coan
(attorney for Ellen Frohsinn) Analysis of Proposed USR#1263 and
supporting documents (05/31/2000)
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