HomeMy WebLinkAbout930890.tiff RESOLUTION
RE: ACTION OF BOARD AT SHOW CAUSE HEARING CONCERNING SPECIAL REVIEW PERMIT
#828 - JUDY OAKLEY
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, on September 8, 1993, a Show Cause Hearing was conducted to
consider revocation of Special Review Permit #828, issued to Judy Oakley, and
WHEREAS, Judy Oakley is the owner and operator of the facility located on
property described as part of the NW,' of Section 30, Township 2 North, Range 66
West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, at the hearing of September 8, 1993, after hearing all testimony
presented, the Board deemed it advisable to continue said matter to September 22,
1993, to allow Ms. Oakley to submit a plan, in writing, including all anticipated
financial obligations and a completion date.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Show Cause Hearing concerning revocation of Special
Review Permit #828, issued to Judy Oakley, be, and hereby is, continued to
September 22, 1993.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 8th day of September, A.D. , 1993.
/ 1 1// BOARD OF COUNTY COMMISSIONERS
ATTEST: �� (/�U�2 �J� WEL COUNTY, COLORADO
Weld County Clerk to the Board �4(qt e., C% ��� c6
Constance L. Harbert, Chairman
BY: / el j � (((,
-Deputy Clerk to the Board W. H .W stet., Pro T d 66V
APPROVED AS TO FORM: rr.----
rge . Baxte 9
ounty Attorney Dale K. Hall
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!L-LGcd zlL. {A!),siiC�
Barbara J. Kirkmey r a
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HEARING CERTIFICATION
DOCKET NO. 93-40
RE: SHOW CAUSE HEARING TO CONSIDER REVOCATION OF USR #828 - JUDY OAKLEY
A public hearing was conducted on September 8, 1993, at 10:00 A.M. , with
the following present:
Commissioner Constance L. Harbert, Chairman
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Keith Schuett
The following business was transacted:
I hereby certify that pursuant to a notice dated May 5, 1993, and duly
published August 26, 1993, in the Windsor Beacon, a public hearing was
conducted to consider revocation of USR #828 issued to Judy Oakley. Lee
Morrison, Assistant County Attorney, made this a matter of record. Keith
Schuett, Planning Department representative, said certain items are still
not in compliance, and he referred to Condition of Approval #6 stating the
kennel structures are not fully completed and there were 32 dogs on site.
In reference to Condition of Approval #7, Mr. Schuett said there is a
small area where the insulation is not complete. Development Standard #7
refers to final disposal of waste in accordance with the Health Department
and is not in compliance with ISDS regulations. Referring to Development
Standard #11, Mr. Schuett indicated the ground is still not covered;
however, there is some vegetation growing in spots. Mr. Schuett said, in
reference to Development Standard #18 concerning compliance with the
Permit, staff recommends revocation of said Permit basedon the length of
time of noncompliance. Mr. Schuett said, as noted in his inspection
report, that Development Standards #4, #16, and #19 are also not in
compliance; and, in addition, he referenced a memo from the Health
Department stating more concerns. Mr. Schuett confirmed for Commissioner
Kirkmeyer there were 32 dogs on site and then showed a video tape of the
facility. During the video, he referred to the small amount of
vegetation, storage of pipe, an R.V. which was hooked to the septic system
and electricity without a permit, fencing being installed, the drain on
the north end rather than the south end which is questionable, the trough
which is not catching all of the kennel wash water, the catch basin which
is not in place, weeds substantially over 12 inches, a brick wall which
should be a smooth surface for ease of cleaning per the Health Department
regulations, unfinished walls, the fact that an electrical permit has not
been issued, the lack of hot water in the sinks, and evidence of rodents
throughout the facility. In response to questions from the Board, Mr.
Schuett said the stove, located in the kennel area, is for preparing
special foods and the sinks are for bathing, cleaning, washing, etc. He
said there is only one small place which is not insulated, and the intent
of the insulation is to lessen noise. He explained the electrical work
needed to be completed before a final inspection could be done, and
painting, drywalling, taping, etc. needed to be completed before a
building inspection could be done. He said the septic system had been
installed; however, the travel trailer is not an approved use. The
portion of concrete on the south end to collect the kennel wash water is
not complete, and the brick wall and drywall need to be finished pursuant
to Health regulations, as well as the hot water installation. Mr. Schuett
further explained for the Board that waste is splashing off the trough and
onto the ground, and he suggested construction of a short splash wall to
930890
RE: HEARING CERTIFICATION - OAKLEY
PAGE 2
catch and contain it. He confirmed the number of dogs was not to exceed
30 prior to the facility being completed. There were no noxious weed
noted. In response to a question from Commissioner Kirkmeyer, Jeff Stoll,
Health Department representative, said nothing has been found in the
quarterly samples; however, the second quarter sample was not received,
and the third quarter sample is due. He said, in order for Ms. Oakley to
achieve compliance, the drywall would need to be completed and sealed with
latex paint and the hot water would need to be installed. Mr. Stoll said
the brick would at least need a splashguard, but flexibility of
construction could be discussed, with a sealant being an alternative to
drywall. Judy Oakley, permit holder, was present and stated that she
worked very closely with Wes Potter from the Health Department concerning
the blocks (bricks) and all were fine and have been water sealed. She
explained two of her dogs are under six months; therefore, she is not over
the limited number of adult dogs. Ms. Oakley submitted letters of support
from Terry Williams, D.C. ; E.J. Shidler, M.D. ; Roy G. Rush; Lee Murata;
and Donna Jones Richards, as Exhibits A through E, respectively. She said
there is 100 feet of fence left to put up, which is bought, as well as the
paint, and the 30-foot cement drain-off will be completed in one or two
weeks. Ms. Oakley indicated the hot-water heater would be in Friday and
only one piece of sheet rock would be needed for completion. She said
grass was reseeded; however, she has no water rights, thus intends to
reseed a dryland grass in October. Ms. Oakley submitted a picture,
Exhibit F for the record, and answered questions from the Board stating
Dave Sprague, County Inspector, found only three or four minor electrical
problems. She said she has all the wood for the stairs and explained the
water is not flowing over the trough onto the ground, but is leaking from
a 125-foot hose used to wash the kennel. In reference to the R.V. , Ms.
Oakley said it belongs to a person who helps her; however, she was unaware
it needed a permit. She said when he comes back from Missouri, he will
get a permit or move it. Responding to further questions from the Board,
Ms. Oakley said her kennel is private and she has a contract with Pet City
to provide puppies. Dawn Scheck, representing Pet City and NOW, said
there are 27 stores for which Ms. Oakley could provide puppies as soon as
she is allowed to have her maximum number of dogs. Ms. Scheck noted they
are doing everything possible to help Ms. Oakley achieve compliance. Ms.
Oakley explained that she is disabled and has done all the work herself,
with some help from friends. She reiterated the grass should be up by
next spring, the hot-water heater is ordered, and there is only $500 of
fine work left. Ms. Scheck interjected that Ms. Oakley will need
considerably more than 30 dogs to meet the Pet City contract. Mr. Oakley
stressed the good care and nature of her dogs and answered further
questions from the Board. Chairman Harbert referred Ms. Oakley to the
Extension Office for assistance concerning the ground cover and
vegetation. Ms. Oakley submitted additional pictures, Exhibits G through
J, and stated most remaining items will not, take much time to complete.
She questioned whether the walls had to be painted since there was a
ceramic cove at the bottom. Mr. Stoll said the walls would probably
require painting; however, texture is not required. Joe Bueno, assistant
to Ms. Oakley, said the drywall needs to be textured and sealed before
painting or it will peel. He estimated all cement work, fencing,
painting, concrete, and hot water could be complete by January 1.
Commissioner Webster reminded Mr. Bueno that Ms. Oakley has been working
on this facility since 1988. Ms. Oakley stated her building permit was
not issued until 1990 and, after answering questions from the Board,
requested a six-month extension. Commissioner Kirkmeyer commented on the
fact that this matter has been continued several times and the water
sampling compliance issue and stated six more months is unreasonable. Ms.
Oakley stated Chuck Cunliffe, Planning Department, told her as long as
progress was being made, the County would work with her, and she noted she
has spent $10, 000 to $20,000 per year on the facility. Commissioner
Kirkmeyer suggested Ms. Oakley write a statement of specifics with an
estimated cost and date of completion. Ms. Scheck stated that would be a
930890
RE: HEARING CERTIFICATION - OAKLEY
PAGE 3
good idea, because Ms. Oakley has spent a lot of excess money for items
not required at other kennels. Chairman Harbert clarified that only
standard requirements were applied to Ms. Oakley's Permit and Mr. Schuett
has available a list of said requirements that must be complied with. She
suggested said matter be continued one week to allow Ms. Oakley to submit
her written plan and asked her to confer with Mr. Stoll and Mr. Schuett.
Mr. Schuett noted he would be out of town until September 20, and Mr.
Morrison suggested Ms. Oakley submit said plan in advance of the hearing.
Commissioner Kirkmeyer moved to continue said matter to September 22,
1993, with Ms. Oakley to submit the abovementioned plan by September 15.
Chairman Harbert said it would be determined on September 22 whether to
continue the matter for three or six months, and she confirmed for Mr.
Schuett that said plan is to be submitted to the Planning Department. The
motion was seconded by Commissioner Baxter, and Commissioner Webster
questioned whether Ms. Oakley was clear on what is necessary to comply.
Mr. Morrison said if the plan submitted is not agreeable to staff, it can
be clarified on September 22. The motion carried unanimously.
This Certification was approved on the 13th day of September, 1993.
Lill
APPROVED:
ATTEST: /1,,///// BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
Weld County Clerk to the Board l/
BY: //,dot eye � 1. zceJ.
-4 g -c„i Constance L. Harbert, Chairman
Deputy Cler to the Board
W. H. ebster, Pr em
TAPE 1193-30 & 1193-31
t,---- A
eorge P: Baxter
DOCKET #93-40
K. Ha iy
PL0433
arbara _7 �i-4i„„,,,.._
arbara J. Kirkmeye J
930890
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 8TH
DAY OF SEPTEMBER 1993:
DOCKET 1i 93-58 - USR, SNYDER OIL CORPORATION
DOCKET 1i 93-40 - SHOW CAUSE HEARING, JUDY OAKLEY
DOCKET 193-55 - USR, JOSE A. GONZALES
DOCKET li
PLEASE write or print your name legibly, your address and the DOCKET li (as listed
above) or the name of the applicant of the hearing you are attending.
NAME ADDRESS
nHEARING ATTENDING
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