HomeMy WebLinkAbout971992.tiffHEARING CERTIFICATION
DOCKET NO. 97-47
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1161 FOR A
COMMERCIAL USE (CUSTOM WOODWORKING SHOP) IN THE A (AGRICULTURAL)
ZONE DISTRICT - LINN
A public hearing was conducted on September 10, 1997, at 10:00 a.m., with the following present:
Commissioner George E. Baxter, Chair
Commissioner Constance L. Harbert, Pro-Tem
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer - EXCUSED
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Carol Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Shani Eastin
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 18, 1997, and duly published August 28,
1997, in the South Weld Sun, a public hearing was conducted to consider the request of Paul and
Ann Linn for a Site Specific Development Plan and Special Review Permit #1161 for a Commercial
Use (Custom Woodworking Shop) in the A (Agricultural) Zone District. Lee Morrison, Assistant
County Attorney, made this a matter of record.
Shani Eastin, Department of Planning Services representative, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission into the record
as written. She stated the existing shop is 2,000 square feet, which the applicant is proposing to
increase by 4,000 square feet. Ms. Eastin also noted staff is recommending the Permit be limited
to a five -acre section instead of the entire 85 -acre site. Responding to questions from
Commissioner Hall, Ms. Eastin stated Condition of Approval #3 was added to address the concerns
of Mountain View Fire Protection District. She explained the District's regulations are more urban
in nature and explained the applicant may request a variance with the Fire District. Mr. Morrison
stated there has never been a case which was not settled; however, the Uniform Fire Code allows
remedy of a dispute only through a fire district.
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Visvaldis Jaunarajs, Attorney, represented the applicant and stated this was originally an 80 -acre
parcel; however, this permit deals only with the 5 -acre section which contains the present shop.
He discussed the difficulties with Mountain View Fire Protection District and stated the District is
requiring an 8 -inch line be installed a distance of 1,200 feet from the road to the shop area. He
noted this Permit is for one single use, not a high density of uses; there are no surrounding
buildings which might be endangered by the threat of a fire; the new building being installed is
metal; and the nature of the business includes no flammable or hazardous materials, since only
raw wood product is handled. He further noted the product is stored outside the building, there is
a dust collection system installed, fire extinguishers are nearby, there are large exit doors in excess
of the number required, and Mr. Linn personally operates his business and would not knowingly
endanger his own life by being inflexible in the area of fire protection precautions. Mr. Jaunarajs
stated the fire district requirements are inflexible, and no consideration is being given to the specific
location or details of a particular application. He reiterated this business is totally distanced from
any other structures and stated it is unfair to require compliance in Mountain View's District when
other fire districts within the County would not have the same requirements. (Changed to Tape
#97-24) Responding to questions from Commissioners Webster and Harbert, Mr. Jaunarajs stated
the site has a hydrant at a distance of 1,200 feet, and the cost to install the eight -inch line required
by the fire district would be approximately $48,000. Paul Linn, applicant, responded to further
questions regarding his discussions with Leanne Penderfold of Mountain View Fire Protection
District, and stated there is no way to reach a compromise with District requirements. After further
discussion regarding possibilities for meeting the requirements, Mr. Morrison clarified that the fire
district has independent enforcement authority and approval of the Permit would place the applicant
at risk of the fire district enforcing the issue. He reiterated that each fire district has its own code
and requirements, also its own level of enforcement. Mr. Morrison further pointed out even the
Zoning Ordinance does not shield an applicant from a specific district's fire code; however, the
County would not be part of any such action. Commissioner Hall indicated the response received
from Mountain View is ambiguous and very difficult to understand exactly what is being requested,
and he verified the applicant is willing to comply with all other Conditions of Approval and
Development Standards as proposed by staff.
There being no public testimony offered, Commissioner Webster moved to approve the request of
Paul and Ann Linn for a Site Specific Development Plan and Special Review Permit #1161 for a
Commercial Use (Custom Woodworking Shop) 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. The motion was seconded by
Commissioner Harbert, and it carried unanimously.
971992
PL1225
HEARING CERTIFICATION - LINN (USR #1161)
PAGE 3
This Certification was approved on the 15th day of September, 1997.
APPROVED:
ATTEST:
Weld County Clef
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Deputy Clerk t
TAPE #97-23 & #97-24
DOCKET #97-47
BOARD OF COUNTY COMMISSIONERS
WELD UNTY,COL RADO
eorge E: Baxter, Chair
nstance L. Harb rt, Prp-Tem
Dale K. Hall
EXCUSED
Barbara J. Kirkmeyer
W. H. Webster
971992
PL1225
EXHIBIT INVENTORY CONTROL SHEET
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