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HomeMy WebLinkAbout20000597.tiff HEARING CERTIFICATION DOCKET NO. 2000-10 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT#1252 FOR A KENNEL IN THE A (AGRICULTURAL) ZONE DISTRICT - CARVEY GRAVES AND SUE HICKMAN A public hearing was conducted on March 8, 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 Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Kim Ogle Health Department representative, Sheble McConnellogue Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated February 18, 2000, and duly published February 24, 2000, in the South Weld Sun, a public hearing was conducted to consider the request of Carvey Graves and Sue Hickman for a Site Specific Development Plan and Special Review Permit#1252 for a Kennel in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Kim Ogle, 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. Ogle gave a brief description of the location of the site, and stated the property is currently in violation of the Zoning Ordinance due to the large number of dogs on the site, requiring this Use by Special Review Permit. Mr. Ogle stated there was also a noncommercial junkyard violation on the site; however, following a phone conversation with the applicant, who indicated the violation had been addressed, the case was closed. Mr. Ogle displayed a map showing the layout of the site, which includes a residence, outbuilding, various dog runs, and a 6- foot perimeter fence. Mr. Ogle described the proposed landscaping, and stated one letter in favor of, and one letter opposed to the proposal have been submitted by surrounding property owners. He further stated two referral agencies responded with comments, and two did not respond. In response to Chair Kirkmeyer, Mr. Ogle stated the abandoned vehicles have been removed from the site. He further stated Use by Right allows eight dogs on the property; approval of this Use by Special Review will allow for 30 dogs. Carvey Graves, applicant, stated the site is in compliance with the Zoning Ordinance. In response to Commissioner Geile, Ms. Graves stated the dogs remain on the property at all times. She stated there has been one incident when a dog got loose; however, he did not harm anyone or cause any damage. Ms. Graves stated the site is double-fenced to keep the dogs contained, and added there are other dogs in the area that bark sometimes resulting in her dogs being accused of noise. She stated currently she has been bringing the dogs in at 8:00 p.m., and they remain indoors 2000-0597 PL1379 HEARING CERTIFICATION - CARVEY GRAVES AND SUE HICKMAN (USR #1252) PAGE 2 until 7:00 a.m. Responding further to Commissioner Geile, Ms. Graves explained how wastes will be disposed, and stated trash removal services empty the dumpster once a week and twice a week during the summer. Sheble McConnellogue, Department of Public Health and Environment, stated Development Standard#12 addresses how wastes should be handled on the site. Responding to Chair Kirkmeyer, Ms. Graves stated the Aristocrat Ranchettes Water Project does allow use of the water for a kennel. She further stated she has reviewed and agrees with the Conditions of Approval and Development Standards, and she understands this Permit is for a total of thirty dogs and is not transferrable to a new property owner. Suzanne Kebel, surrounding property owner, stated she has had numerous problems with wolf hybrid dogs being raised on a neighboring property. She stated on President's Day the dogs entered her property, killed many of her birds, and attacked her as well. Ms. Kebel stated the wolf hybrids have caused substantial damage to her property and livestock, and she has concerns with allowing another kennel in the immediate area. Chair Kirkmeyer informed Ms. Kebel that her concerns do not have to do with this permit, and asked her to withhold her information, so that it may be used on a possible violation on the other property. Ms. Graves stated although the dogs have not been out, she is considering placing additional fencing along the perimeter of the property to put the neighbors' minds at ease. In response to Commissioner Geile, Ms. Graves stated a young dog did get off the property approximately two years ago, and was caught by a neighbor; however, there has not been another incident of a dog off the property since that time. In response to Chair Kirkmeyer, Ms. Graves stated the kennels are made of chain link fences within a six-foot cedar fence surrounding the entire area, and she is considering an additional six-foot chain link fence along the perimeter of the entire property. In response to Chair Kirkmeyer, Mr. Ogle stated there is not a Development Standard regarding the maintenance of fencing. In response to Chair Kirkmeyer, Ms. Graves stated she has no objection to adding a Development Standard regarding fencing because she wants to keep the show dogs on the property anyway. Commissioner Hall moved to approve the request of Garvey Graves and Sue Hickman for a Site Specific Development Plan and Special Review Permit#1252 for a Kennel 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, and addition of Development Standard#11 to state,"The applicant shall maintain the existing perimeter fencing surrounding the kennel runs in such a manner as to prohibit the escape of dogs." The motion was seconded by Commissioner Baxter, and it carried unanimously. 2000-0597 PL1379 HEARING CERTIFICATION - CARVEY GRAVES AND SUE HICKMAN (USR#1252) PAGE 3 This Certification was approved on the 13th day of March 2000. APPROVED: BOARD OF COUNTY COMMISSIONERS W LD COUNTY, COL R�ADO ATTEST: Lite7 % Am' � �/ fir Barbara J. Kir Byer, Chair Weld County Clerk to the :o 4<`' � 'lf - C Q ti_ . ile, ro-Te BY: GG ham,.. 7 Deputy Clerk to the Bo'}415h f.�����, George E. Baxter TAPE #2000-07 EXCUSED DATE OF APPROVAL Dale K. Mall DOCKET#2000-10 L° z/7 //a` ; Glenn Vaad 2000-0597 PL1379 EXHIBIT INVENTORY CONTROL SHEET Case USR #1252 - CARVEY GRAVES AND SUE HICKMAN 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 02/01/2000) D. Clerk to the Board Notice of Hearing E. Ernest Buschman Letter (E-Mail) of opposition (02/21/00) F. Noah and Gladys Bass Letter (E-Mail) of opposition (02/26/00) G. Planning Staff Vicinity Map H. Planning Staff Subdivision Map Planning Staff Site Plan J. Planning Staff Photo of posting on site K. L. M. N. O. P. Q. R. S. T. U. V. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 8TH DAY OF MARCH, 2000: DOCKET#2000-08 - JIM PERRY DOCKET#2000-10 - CARVEY GRAVES AND SUE HICKMAN 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. NAi E AND ADDRESS(RI use dude City and Zip Co e)DOCKET#OF HEARING ATTENDING 3 : ., 6 /,:, Si,/ / '/c et)i,':Ii-- / 3 ` 1'/7 /�.I/ , /_. LN 1 te. - - J9, ')00- (0 I3Cif="j 1' 'C . N) / 0` Cc_ 1104v'/1 /L, 1 1 0 40 14A 1-\PLtll icv i\cAh l "it) I 3 (` C-2-(o V-Ar,cl>AM CO ` f t° i J5tir Ili i'1"1 r-1743 lrvi f: (1 15Y?JGJ:\ThSv ( .O CL)O i Hello