HomeMy WebLinkAbout860546.tiff HEARING CERTIFICATION
DOCKET NO. 86-42
RE: APPEAL OF DECISION BY WELD COUNTY BOARD OF HEALTH - PAUL HNIZDIL
A public hearing was conducted on June 9, 1986, at 10:00 A.M. , with the
following present:
Commissioner Jacqueline Johnson, Chairman
Commissioner Gordon E. Lacy, Pro•-Tem
Commissioner Gene Brantner
Commissioner C.W. Kirby - Excused
Commissioner Frank Yamaguchi
Also present:
Acting Clerk to the Board, Tommie Antuna
Assistant County Attorney, Lee D. Morrison
Health Department representative, Wes Potter
The following business was transacted:
I hereby certify that a public hearing was conducted to consider the
appeal submitted by Paul Hnizdil concerning a decision of the Weld
County Board of Health. Lee D. Morrison, Assistant County Attorney,
made this matter of record. He said Mr. Hnizdil had requested a
variance to tie a three bedroom mobile home into an existing septic
system, which is currently servicing a two bedroom home. The request
is being made for property located on part of Section 32, Township 8
North, Range 59 West of the 6th P.M. , Weld County, Colorado. This
request of Mr. Hnizdil was denied by the Board of Health on May 27,
1986. Mr. Morrison then explained the appeal process to the Board of
County Commissioners, saying an applicant can request approval from the
staff and if denied, he can go to the Board of Health, if the request
is denied there, it can be appealed to the Board of County
Commissioners. Mr. Morrison advised the Board that the two findings on
a variance which must be determined are: that strict enforcement of the
septic regulations would cause undue hardship to the applicant; and
that a variance would not be injurious to public health. The burden of
proof is upon the applicant to show the variance will not injure
adjacent properties; will not conflict with the purpose of these
regulations; and will not adversely affect the health of any person.
Wes Potter, representing the Health Department, came forward and
explained the decision of the Board of Health. He said this request
for a variance had been reviewed by the Health Department staff and was
denied because they did not feel that the request complied with the
State and County septic regulations. He read the applicable sections
of the General Sanitation requirements into the record. He said the
Board of Health's denial was based upon two main violations: the
trenches being too deep; and too many trees with water seeking roots in
this area. Mr. Potter made further comments and answered questions of
the Board. Mike Holt, engineer with Eagle Engineering, came forward to
represent the applicant. Mr. Holt submitted a drawing showing the
location of the trees on the property and a note from Randy Johnson, of
A-1 Drain and Septic Company, which states that the septic tank holds
approximately 1 ,500 gallons and appears to be in good working order.
Mr. Johnson also wrote that, in his opinion, this system is sufficient
for an additional home if the system receives proper maintenance. Paul
Hnizdil, the applicant, came forward to answer questions of the Board.
He explained where the septic system is presently located and where a
new system would have to be placed. Mr. Hnizdil said if the Board
approves his request for a variance, and the present system would fail,
860546
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RE: CERTIFICATION - APPEAL OF HNIZIDIL
he agrees to install a new system. Mr. Potter and Mr. Holt answered
further questions of the Board. There was no public testimony
concerning this matter. Commissioner Lacy moved to grant the request
of Mr. Hnizdil for a variance concerning the present septic system on
his property subject to the condition that if this system proves to be
inadequate a new system will he installed by Mr. Hnizdil. Commissioner
Brantner seconded the motion and it carried unanimously.
This Certification was approved on the 16th day of June, 1986.
APPROVED:
__ � BOARD OF COUNTY COMMISSIONERS
ATTEST•7j ' WELD COUNTY, COLORADO
Weld County C.te rr rk and Recorder
and Clerk to the Boar cque J , C airman
BYT— C714—iytu2/ 7/cc ,rAJ
eputy County C1 k G acy
Gene R. Brantner
EXCUSED DATE OF HEARING
C.W. 'rby ///
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Frank Yamaguc
TAPE #86-41
DOCKET #86-42
HL0002
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