HomeMy WebLinkAbout961045.tiff HEARING CERTIFICATION
DOCKET NO. 96-28
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1117 FOR A
BED AND BREAKFAST RECREATIONAL FACILITY (DUDE RANCH) IN THE
A (AGRICULTURAL) ZONE DISTRICT - STRUNK
A public hearing was conducted on June 12, 1996, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner George E. Baxter, Pro-Tem
Commissioner Dale K. Hall
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Todd Hodges
The following business was transacted:
I hereby certify that pursuant to a notice dated May 22, 1996, and duly published May 30, 1996,
in the North Weld Herald, a public hearing was conducted to consider the request of Sharon Strunk
for a Site Specific Development Plan and Special Review Permit#1117 for a Bed and Breakfast
Recreational Facility (Dude Ranch) in the A (Agricultural) Zone District. Lee Morrison, Assistant
County Attorney, made this a matter of record. Todd Hodges, Planning Department representative,
presented a brief summary of the proposal and entered the favorable recommendation of the
Planning Commission into the record as written, with the following exceptions: the file should
actually reference Weld County Road 136 rather than Road 77; Condition of Approval #3 and
Development Standard #11 should clarify that no more than a total of ten guestrooms will be
allowed on the property; and Condition of Approval #5 should include the following language at the
end of the sentence: " . . . or the property owner/applicant submits evidence to the Department of
Planning Services for review by legal staff that the property owner/applicant has a legal right to use
Crow Creek and the reservoirs located on the property." He also noted there are two existing
structures on site and a building envelope for the proposed structure, with necessary accesses
existing. Mr. Hodges also noted a commercial well is required by the Conditions of Approval and
responded to questions from the Board. He suggested Conditions of Approval #7.e. and #7.f.
remain since the Health Department has not yet reviewed the materials submitted regarding the
septic system(s). Sharon Strunk, applicant, was present and stated she lives in the three-bedroom
house and the dudes will stay in the two-bedroom house. She stated the site is near the Pawnee
National Grasslands and Crow Creek and is a working cattle ranch. Ms. Strunk confirmed she has
researched liability insurance and addressed the change to Condition of Approval#5 regarding the
use of the lake and irrigation water also used by Cristie Nicklas, surrounding property owner. She
clarified her attorney feels she has the right to use the water with Ms. Nicklas having an easement;
961045
L6e, PL PL1033
RE: HEARING CERTIFICATION - STRUNK (USR#1117)
PAGE 2
however, she and Ms. Nicklas cannot come to an agreement. Responding to questions from the
Board, Ms. Strunk stated the reservoir is approximately 40 acres and she is willing to post and
fence hazardous areas. She noted her guests will be supervised. Wray Nicklas, surrounding
property owner and husband of Cristie Nicklas, stated they have rights to the water and voiced
concern about the legal surface rights, liability, and water rights. He noted his wife's parents sold
the land to the Strunks; the State of Colorado is involved; and the issue must be settled.
Let the record reflect a recess was taken at this time.
Upon reconvening, Mr. Nicklas confirmed he has seen the additional language prepared by staff
concerning the water issue. Mr. Morrison stated if the Permit is approved, all other uses will be
allowed; however, the water issue may need to be resolved through the Court if it is not clear cut.
After further discussion, Mr. Nicklas confirmed he has no problem with any other part of the
proposal other than the water issue. Commissioner Webster moved to approve the request of
Sharon Strunk for a Site Specific Development Plan and Special Review Permit#1117 for a Bed
and Breakfast Recreational Facility (Dude Ranch) 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, including the proposed changes
to Conditions of Approval #3 and #5 and Development Standard #11. The motion was seconded
by Commissioner Harbert, and it carried unanimously.
This Certification was approved on the 17th day of June, 1996.
APPROVED:
]E Ad/Mat
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO DO
1861 //�
iq el. � ty Clerk to the Board d_A Au- I it y,"�
• Barbara J. Kirkmeye , C air (/
eputy Clem o the Board z c. -77:L2-.,-
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Georg E. Baxter, Pro- m
TAPE #96-17
Dale K. Hall
DOCKET#96-28 AonstancC—tea
J R G `e L. Harbert
PL1033 //
W. H. Webster
961045
PL1033
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF JUNE, 1996:
DOCKET#96-27 - USR#1112 for GREG G. BAKER
DOCKET#96-28 - USR 1117 for SHARON STRUNK
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 le include City and Zip Code) HEARING ATTENDING
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