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Home My WebLink About20000279.tiff HEARING CERTIFICATION DOCKET NO. 2000-07 RE: SPECIAL REVIEW PERMIT #1250 FOR A HOME BUSINESS (STORAGE OF CABINET AND EQUIPMENT)IN THE A(AGRICULTURAL)ZONE DISTRICT-JOHN CARMICHAEL AND DON IARUSSI A public hearing was conducted on March 1, 2000, at 10:00 a.m., with the following present: Commissioner Barbara J. Kirkmeyer, Chair Commissioner M. J. Geile, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Glenn Vaad - EXCUSED Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Julie Chester Health Department representative, Sheble McConnellogue Public Works representative, Don Carroll The following business was transacted: Chair Kirkmeyer verified the applicants, John Carmichael and Don larussi wish to proceed with the hearing although on Commissioner is absent. I hereby certify that pursuant to a notice dated February 14, 2000, and duly published February 17, 2000, in the South Weld Sun, a public hearing was conducted to consider the request of John Carmichael and Don larussi for a Site Specific Development Plan and Special Review Permit #1250 for a Home Business(storage of cabinet and equipment)in the A(Agricultural)Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Julie Chester, 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. Chester gave a brief description of the location, and stated eight referral agencies responded in favor of the proposal with conditions. Ms. Chester stated one letter of opposition has been received, as well as a petition opposed to the application; however, the petition is incorrect because this site will not be used for manufacturing cabinets, nor is the application for a Change of Zone. Ms. Chester stated this proposal is consistent with the Weld County Comprehensive Plan, and water and sewer services will be provided by the Left Hand Water District and a septic system. She further stated the application is consistent with the Agricultural Zone District, it is compatible with surrounding land uses, and former concerns regarding access to the site will be addressed through the Conditions of Approval and Development Standards. Ms. Chester requested Development Standard #2 be amended to state, "The Use by Special Review Permit shall not be transferable to any successors in interest to the described property and shall terminate automatically upon conveyance or lease of the property to others for operation of the Home Business." She stated the site is located within the One-Hundred Year Flood Plain, and the applicant will be required to apply and be approved for a Flood Hazard Development Permit. C: �Li�C. AlA 2000-0279 PL1377 HEARING CERTIFICATION - JOHN CARMICHAEL AND DON IARUSSI (USR#1250) PAGE 2 In response to Commissioner Geile, Ms. Chester stated the proposed change in language for Development Standard #2 does not change the intent; it is to allow consistency with previous planning cases. In response to Chair Kirkmeyer, Mr. Morrison stated it does require action by the Board to terminate a Use by Special Review Permit; this permit will not terminate automatically. He stated the proposed language is correct because it notifies the applicants of their responsibility, and it will require a hearing before the Board to make a finding that the Development Standard has been met and to terminate the use indicated on the plat. Responding to Commissioner Geile, Ms. Chester stated there is a 30-foot access easement on a neighboring property and Condition of Approval #2.B requires the applicants to submit evidence that they have permission to use the easement. Ms. Chester stated she has already spoken with the neighbor who indicated no concerns with the applicants using the easement. She further stated the neighbor to the north has indicated some concern regarding whether the easement is located on his property or on the applicants' property. Responding further to Commissioner Geile, Ms. Chester stated the site is located on Lot A of Recorded Exemption #1500. John Carmichael, applicant, stated he and Don larussi, co-applicant, have complied with all the requirements, and added the concern expressed by the neighbor to the north has been addressed. In response to Commissioner Geile, Mr. Carmichael explained there will be two houses and one outbuilding to house himself, Mr. larussi, and an office and storage space. He stated they are in the process of applying for building permits for the second house, and added the metal accessory structure will not be big enough to require water for fire protection. In response to Commissioner Baxter, Ms. Chester stated the use will be within the accessory structure rather than within the home, therefore, a Use by Special Review Permit is required. In response to Chair Kirkmeyer, Mr. Carmichael stated he has reviewed and agrees with the Conditions of Approval and Development Standards. No public testimony was offered concerning this matter. Commissioner Hall moved to approve the request of John Carmichael and Don larussi for Special Review Permit #1250 for a Home Business (storage of cabinet and equipment;) 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 Development Standard #2 being amended as proposed by Department of Planning Services staff. The motion was seconded by Commissioner Baxter, and it carried unanimously. 2000-0279 PL1377 HEARING CERTIFICATION - JOHN CARMICHAEL AND DON IARUSSI (USR #1250) PAGE 3 This Certification was approved on the 6th day of March 2000. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: L ', EXCUSED D TE OF APPROVAL `Barbara J. meyer, Chair Weld County Clerk to the' at wvp • • . J. xl=le, Pro-T7 BY: Deputy Clerk to the Bo: AU 1' CS I DATE OF APPROVAL George E, iiiagtic___George E. Baxter TAPE #2000-06 and #2000-07 c Dale K. Hall DOCKET#2000-07 EXCUSED Glenn Vaad 2000-0279 PL1377 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 1ST DAY OF MARCH, 2000: DOCKET#99-69 - DANIEL OCHSNER DOCKET#2000-07 - JOHN CARMICHAEL AND DON IARUSSI 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 C"hc��/�4 , t .Z 2,211 Al 66 / /a ..c.c„ ,c'4 `rI 7-6 7 jc. 6n / iZtn �/✓LLci 6 /�°%LZLGU CL�v l `7-6 / t'a,zI1 ` wh /�i` 1�'N/ w'Z' R vt/ 1'L Hn'!/v r/1/-4:.7 /.L 1 rG1 r= r J Ye,3( j w!(c - i or ii (c.ti&-A ;p 'o 79 . 6 9 Gioc-z (Ai ; LS>iv 9ztc,u 61/4,7,1C 1--E, f)CnTI u '14 Cb 9?-6? 1)/ft/bade Pr? Rc,,74 ) G,_,L O.0 99-- -7 c--'0s,oro Qitn�1 C 1 s L)c2 3S \ Lc 4Ile ru 94—L S �' G, - Fes.� .�. ✓ Jets,c�r' �� S 17 F.- 1 � :2, i � :2 1l>,_ �7 t� � P- / �_ �� > c c'� 5 1 ism `I✓.,-„i a l..n..✓k 5,5-----)7, %a+n A-1�=/ ;cr' .. ' ,9��.s Li.,.-1 �� v /cam, /r/d., Zu:-t,></ 5-21(� �r�ne�- i �: h c:l, ._ C4) JJ3 ry EXHIBIT INVENTORY CONTROL SHEET Case USR #1250 - JOHN CARMICHAEL AND DON IARUSSI 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 01/18/2000) D. Clerk to the Board Notice of Hearing E. F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. Hello