HomeMy WebLinkAbout860848.tiff HEARING CERTIFICATION
DOCKET NO. 86-54
RE: APPEAL OF HEALTH BOARD DECISION - DANIEL K. AND JANET J. GIBBS
A public hearing was conducted on August 27, 1986, at 10:00 A.M. , with
the following present:
Commissioner Jacqueline Johnson, Chairman - Excused
Commissioner Gordon E. Lacy, Pro-Tem
Commissioner Gene Brantner
Commissioner C,W. Kirby
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 Daniel K. and Janet J. Gibbs concerning a decision
of the Weld County Board of Health. Lee D. Morrison, Assistant County
Attorney, made this matter of record. The request from Mr. and Mrs.
Gibbs is for a variance from: 1) the requirement that they have a
permanent septic disposal system; and 2) the requirement that the gray
water on this property be treated by said septic disposal system. This
request for a variance, on property located in the W}, NEI of Section.
28, Township 5 North, Range 65 West of the 6th P.M. , Weld County,
Colorado, was denied by the Board of Health on June 24, 1986.
Commissioner Lacy said, because there are only four Commissioners
present today, if there is a tie vote, the absent Commissioner will
review the record and listen to the taped proceedings, then cast the
deciding vote at a later meeting. The personnel from the Health
Department present at this hearing were Wes Potter, Scott Perkins and
Tom Wodtke. Mr. Potter gave his opening statement at this time. He
said there are seven dwellings on this property and the shower has no
treatment for the waste effluent which is discharged into an irrigation
ditch, and the septic facilities are not adequate. The dwellings are
provided by Mr. and Mrs. Gibbs for migrant workers to live in these
homes for a period of six to eight weeks during the harvest season. He
said his department determined that these dwellings are considered
permanent dwellings rather than temporary; therefore, the Gibbs are in
violation of Sections 3. 1 and 7.3 of the Weld County Individual Sewage
Disposal Regulations. Section 3. 1 states in part: "Under no condition
shall sewage or effluent be permitted to be discharged upon the surface
of the ground. . ."; and Section 7.3 states in part: "The use of portable
chemical toilets in permanently occupied buildings shall be prohibited
except during the construction or under emergency circumstances with
the approval of the Health Officer. . ." Mr. Scott Perkins, geologist
for the Health Department, made comments concerning this matter. Mr.
Potter answered questions of the Board at this time, and discussion was
held concerning State statutes and guidelines. Russ Anson, Attorney
representing the Gibbs, came forward and asked questions of Mr. Potter
and made his presentation to the Board. (TAPE CHANGE #86-64) In
response to a question by Mr. Anson, Mr. Potter said he does not know
the percolation rate at this site because no tests have been conducted.
Mr. Anson said he is concerned about the Health Department's
interpretation of their regulations about the use of chemical toilets.
860848
Page 2
RE: APPEAL - DANIEL & JANET GIBBS
He said he could not find anything in the State regulations prohibiting
the use of them in this manner. Mr. Anson said the request for
variance is based upon a hardship. Mr. Anson said he would not
consider these to be permanent dwellings because they are only used for
six to eight weeks out of the year, and used a map to explain where the
buildings are :Located on the property. This map was marked as Exhibit
A. Daniel Gibbs, one of the applicants, came forward to make comments.
Mr. Anson submitted three letters from families who work on the Gibbs
farm, which Mr. Morrison marked as Exhibits B, C and D. Rudy Roses,
one of the farm workers, answered questions concerning the operation of
this farm and how it compares to other farms he has worked on, saying
that the standard of living on this farm are much better than the
others. After Mr. Potter and Mr. Anson made their closing statements,
Mr. Morrison advised the Board that it can consider the question of the
shower and the portable toilets as separate issues. After discussion,
Commissioner Brantner moved to approve the use of the portable toilets
on this property for a period not to exceed eight weeks per year, and
he stated his reasons for this motion. This motion died for lack of a
second. Commissioner Kirby moved to deny the variances, stating that
he feels this use of the shower and portable toilets can, in the
future, be harmful to the neighbors. Commissioner Yamaguchi seconded
the motion and on a roll call vote, the motion carried by a three to
one vote with Commissioner Brantner voting nay.
This Certification was approved on the 3rd day of September, 1986.
APPROVED:
±el��/ton/ BOARD OF COUNTY COMMISSIONERS
ATTEST: F WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED DATE OF HEARING
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TAPE #86-63 & #86-64
DOCKET 1186-54
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