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Home My WebLink About20001414.tiff HEARING CERTIFICATION DOCKET NO. 2000-28 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1264 FOR A CHILD CARE CENTER IN THE A (AGRICULTURAL) ZONE DISTRICT - STEVE AND SHERYL SENESAC A public hearing was conducted on June 7, 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 May 22, 2000, and duly published May 25, 2000, in the South Weld Sun,a public hearing was conducted to consider the request of Steve and Sheryl Senesac fora Site Specific Development Plan and Use by Special Review Permit#1264 for a Child Care Center 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 stated the subject property is currently in violation of the Weld County Zoning and Building Code Ordinances. He stated the permit will allow up to ten children, three days per week, and they will be dropped off by private vehicles. Mr. Ogle gave a brief description of the location of the site, and stated six referral agencies responded favorably with proposed conditions, two did not respond, and three letters of support from surrounding property owners have been received. In response to Commissioner Hall, Mr. Ogle stated the Soil Conservation District and Mead Lateral Ditch Company did not respond to the referral. Keith Ames, Architect and Sheryl Senesac's father, represented the applicants and stated he agrees with all of staffs' recommendations. He indicated the location of the old school house, which has existed for almost 100 years. Mr. Ames stated his daughter renovated the old school house and began home-schooling her five children; however, some of her close friends have requested their children be allowed to attend which will require this permit. In response to Commissioner Vaad, Mr. Ames indicated that seven or more children will classify the site as E Occupancy under the Uniform Building Code which will impose more restrictions. He stated if the restrictions are too difficult,the applicant will reduce the number of attendees to six and clarified only one of his daughter's children will still be attending the school this coming year because the others are too old. 2000-1414 PL1416 HEARING CERTIFICATION - STEVE AND SHERYL SENESAC (USR#1264) PAGE 2 Tom Potter, Weld County Department of Planning Services Plans Examiner, stated he visited the site on January 3, 2000, because an adjacent property owner had indicated improvements were being made to the facility. He explained the furnace room had some electrical and structural violations and a building permit had not been issued. He stated the applicant was provided the findings made on the furnace installation and a violation was issued on the property. Mr. Potter stated the building permit has not been issued and is pending the outcome of today's hearing. In response to Commissioner Vaad, Mr. Potter stated the structure is on or slightly over the northern property line. Mr. Ames stated the furnace room is located on the north and they are going to try and obtain the property by adverse possession. He stated a survey indicated the room that houses the furnace is over the property line; however, the structure has been in place for approximately 100 years. In response to Commissioner Geile, Mr. Ames stated the fence on the south is located within Weld County right-of-way and the applicants have agreed to move the fence. In response to Commissioner Vaad, Monica Mika, Director of Planning Services, stated it is likely that the furnace room was added to the structure prior to the requirement of building permits and it is an external structure that does not meet setback requirements. She stated options for addressing this issue include designating the structure as a non-conforming use or apply to the Board of Adjustment and asking for a setback variance. Ms. Mika explained the amount allowed under the E Classification excludes children of the service provider and it is less restrictive and the I (Industrial) Classification. Ms. Mika referred to a letter from LuAnn Penfold, Mountain View Fire Protection District Fire Marshall, dated March 15, 2000, explaining those options. In response to Commissioner Baxter, Ms. Mika stated the E Classification represents an Educational use and it is less restrictive. She stated this building has not yet been designated as a non-conforming use. Mr. Morrison stated the Use by Special Review Permit will address the non-conforming use issue. He stated because the structure is over the property line it will be necessary to add a Condition of Approval indicating the applicant needs to obtain a court order for adverse possession or a Subdivision Exemption for a lot line adjustment. In response to Commissioner Hall, Ms. Mika explained the main requirement differences between the B and E Classifications involve quality of the structure, egress, and fire protection. Responding to Commissioner Vaad, Mr. Ames stated fire sprinklers will not be required because there are direct accesses to the small school house. In response to Commissioner Vaad, Mr. Morrison stated an engineered foundation will not be required for the new furnace room as indicated in a letter dated Mach 13, 2000, from the Department of Building Inspection. In response to Commissioner Geile, Mr. Ames stated pending the Board's decision, a building permit will be issued to allow the construction of a new furnace room on the east side of the building. Commissioner Vaad suggested amending Condition of Approval#2.D to state,"At such a time as Weld County Road 36 is improved between Weld County Roads 5 and 7, the fence shall be moved." In response to Commissioner Geile, Mr. Ogle stated staff works with the applicant to determine the requirements of the Landscaping Plan which should indicate the type and location of the existing vegetation. Responding further to Commissioner Geile, Sheble McConnellogue, Department of Public Health and Environment, stated the existing septic system does not have a permit, so it will require an engineer's evaluation before a permit is generated for the site. Responding to Commissioner Geile's concern regarding landscaping, Mr. Ames stated the existing landscaping is very nice and mature. Mr. Ogle stated Development Standard #9 requires the applicant to make a statement that landscaping will be maintained. Responding further to Commissioner Geile, Don Carroll, Department of Public Works, stated the parking area is required to have an all-weather gravel surface to prevent mud. Mr. Ames clarified the parking area is currently gravel. In response to Commissioner Geile, Mr. Potter stated Development Standard#13 requires that the foundation of any addition matches that of the existing 2000-1414 PL1416 HEARING CERTIFICATION - STEVE AND SHERYL SENESAC (USR#1264) PAGE 3 structure; the proposed furnace room is approximately three-foot by four-foot which will be set on a concrete slab; and an engineered foundation will not be required for the existing structure or the new furnace room. Commissioner Geile suggested deleting Development Standard #13. In response to Chair Kirkmeyer, Mr. Ames stated he has reviewed and agrees with the Conditions of Approval and Development Standards as discussed. Responding to Commissioner Baxter, Mr. Ames stated the new furnace room will meet current electrical and building codes. No public testimony was offered concerning this matter. Commissioner Vaad moved to approve the request of Steve and Sheryl Senesac for a Site Specific Development Plan and Use by Special Review Permit #1264 for a Child Care Center 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 addition of Condition of Approval#8 to state, "The legal lot line shall be determined and shown on the plat." He stated this language will help resolve the issue of adverse possession and reestablishment of the legal lot line. He further moved to replace the first two sentences of Condition of Approval #2.D to state, "At such time as Weld County Road 36 is improved between Weld County Roads 5 and 7,the existing perimeter security fence shall be relocated outside of the right-of-way,"and delete Development Standard#13 and renumber subsequent sections because any additions to the existing structures will require an amendment of the permit and the engineering of new structures could be addressed at that time. Commissioner Baxter seconded the motion. In response to Commissioner Baxter, Mr. Morrison stated it should be clarified in the Conditions that the applicant needs to go through a court proceeding for adverse possession or do a boundary line adjustment. Commissioner Hall moved to amend the motion to also delete Condition of Approval#2.A and Development Standard#9 because this is an existing lot with nice landscaping. Commissioners Vaad and Baxter accepted the friendly amendment. Mr. Ames stated the court proceedings regarding the adverse possession may take some time and he is concerned they may effect proceeding with the operation. Commissioner Hall stated Condition of Approval #8 is not subject to the recording of the plat and simply requires the lot line issue be addressed as a Condition of Approval. In response to Chair Kirkmeyer, Ms. Mika stated the applicant has requested an early release of a building permit which has not been granted based on the outcome of this hearing, but if it is going to be on the interior of the building, she does not see any reason why permits for the furnace could not be issued while the applicant is still going through the adverse possession process. She stated the only delay would be for the school activity which would need to wait until the adverse possession issue is resolved. In response to Chair Kirkmeyer, Mr. Morrison suggested amending Condition of Approval #8 to require the applicant provide evidence of status in the adverse possession proceedings to ensure it is being pursued. Chair Kirkmeyer clarified the motion is to approve the permit with the deletion of Condition of Approval #2.A, replace the first two sentences of Condition of Approval #2.D to state, "At such time as Weld County Road 36 is improved between Weld County Roads 5 and 7, the existing perimeter security fence shall be relocated outside of the right-of-way," add Condition of Approval #8 to state, "The legal lot line shall be determined and shown on the plat. The applicant shall provide evidence regarding the status of adverse possession proceedings," delete Development Standards#9 and #13, and renumber all subsequent sections. The motion carried unanimously. 2000-1414 PL1416 HEARING CERTIFICATION - STEVE AND SHERYL SENESAC (USR#1264) PAGE 4 This Certification was approved on the 12th day of June 2000. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: / � �s EXCUSED DATE OF APPROVAL `a Barbara J. Kirkmeyer, Chair Weld County Clerk to t a Bo. . � In;' EXCUSED DATE OF APPROVAL N '.�,�� j M. J. eile, Pro-Tem BY: Deputy Clerk to the :��s rlll 7V'11,,�,' / or E. Baxter TAPE #2000-18 Dale . all, Te porary Chair DOCKET#2000-28 Glenn Vaad 2000-1414 PL1416 EXHIBIT INVENTORY CONTROL SHEET Case USR#1264 - STEVE AND SHERYL SENESAC 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 05/02/2000) D. Clerk to the Board Notice of Hearing E. Planning Staff Photo of sign posted on site (05/23/2000) F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 7TH DAY OF JUNE, 2000: DOCKET#2000-28 - STEVE AND SHERYL SENESAC 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 75 / gar1.6(n, D rl e Afi��o�� (1() R)50J Hello