HomeMy WebLinkAbout972572SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
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Tuesday, November 18,. 1997
CLERK
A regular meeting of the Weld County Planning Commission was held on November 18TQprtnrihee.,Gepnty
Commissioners' Hearing Room (Room #101), Weld County Centennial Building, 915 10th Street, Greeley,
Colorado. The meeting was called to order by Vice -Chairman, Rusty Tucker, at 1:30 p.m.
ROLL CALL
Glenn Vaad
Rusty Tucker
Fred Walker
Bruce Fitzgerald
Cristie Nicklas
Jack Epple
Marie Koolstra
Stephan Mokray
Arlan Marrs
Absent
Present
Present
Absent
Present
Present
Present
Present
Present
Also Present Todd Hodges, Current Planner II, Shani Eastin, Current Planner, Kerri Keithley, Current Planner,
Department of Planning Services; Don Carroll, Weld County Public Works; Sheble McConnellogue, Trevor
Jiricek, Weld County Health Department; Lee Morrison, Assistant Weld County Attorney; Wendi Inloes,
Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on November 4, 1997,
was approved as read.
CASE NUMBER: USR-1167
PLANNER: Shani Eastin
APPLICANT: Brian and Lisa Wallace
REQUEST: A Site Specific Development Plan and Special Review Permit for a Commercial Use
(Sports Marketing Business) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A of RE -1888, part of the NE4 of Section 13, T3N, R68W of the 6th P.M.,
Weld County, Colorado.
LOCATION: West of and adjacent to Weld County Road 13; approximately 1/, mile north of Weld
County Road 32.
Shani Eastin, Department of Planning Services, presented Case USR-1167 for Brian and Lisa Wallace for a
Sports Marketing Business, which is operated from their home. Shani explained that the Planning Commission
has continued this case twice before due to no response by Mr. Wallace for information regarding the Roping
Arena portion of the application. The additional information requested was submitted to the Department after
the November 4, 1997 deadline, therefore not giving staff the appropriate time to review the case. Staff is
proposing to delete the roping arena from the application. The Sports Marketing Business is in current
operation and has an active violation on the property. Staff is recommending approval for the Sports Marketing
Business. The property lies within three miles of the Town of Mead.
Rusty Tucker said that they first need to determine whether the Roping Arena portion of the application should
be included with the Sports Marketing Business. Marie Koolstra asked Shani to explain the information that
was not submitted. Shani explained that the Town of Mead had numerous concerns on the Roping Arena itself.
The Planning Staff directed Mr. Wallace to contact the Town of Mead and address their concerns which were
stated in a September 10, 1997 letter. The applicant did not contact the Town of Mead. Shani stated that the
applicant would have the opportunity to apply to amend the application to include the arena, or apply for a new
application in the future.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
November 18, 1997
Page 2
Rusty Tucker asked Shani that if the Planning Commission denies the roping arena request, would the County
Commissioners be able to look at it. Lee Morrison, Assistant County Attorney, explained that the Planning
Commission needs to act only on what the applicant has applied for and take action because the
Commissioners need to have the Planning Commissions recommendation. Mr. Morrison suggested hearing
from the applicant on why they have not submitted the information requested.
Brian Wallace, applicant, explained that he has tried to contact the Town of Mead to go over their concerns,
but have had no response. Mr. Wallace did get a copy of the questions from the Planning Department and
answered the Towns concerns and faxed a copy of this to the Planning Department which was after the
deadline given by the Planning Department. Mr. Wallace is willing to do whatever they needed to include the
arena at this time. Mr. Wallace then read the questions and concerns by both the Town of Mead and the
Health Department, such as the size of the arena, possible lighting, water, septic, noise level, traffic, parking,
dust control, food and concessions, seating and hours. Mr. Wallace feels that most of these have been
addressed and will be defined for them.
Shani added that she had received the information from the applicant on November 13, 1997, after the
application had been changed. Arlan Marrs verified with Shani that she has received the answers from Mr.
Wallace addressing the ten questions from the Town of Mead. Shani did have a copy of the questions and
answers, along with the Conditions of Approval for the arena, if the Board was to include it into the
recommendation.
Christie Nicklas asked about Development Standard #12 regarding the number of people that will be using the
arena and the need for a PA system for 20 to 25 people. Mr. Wallace explained they were trying to determine
if they were going to go by the number of contestants, or the total number of people that will be at an event to
decide on a PA system or a hand held system. Mr. Wallace explained that the main reason for the arena is
for the 4-H kids in their group and not necessarily for large events.
Arlan Marrs asked Mr. Morrison about the use by right as far as the arena is concerned. Mr. Marrs understood
that if this was a commercial venture where Mr. Wallace was charging for admission, that this is when the
permit process would take place. Mr. Morrison explained that this is one criteria, and that it depends on
whether the event is broader than family and friends, opposed to being open to the public. A person who uses
an arena for their own private use is not required a use by special review permit, but once that it is open to the
public and used for commercial gain, it becomes public use requiring a permit.
Mr. Wallace explained that they would like to include the arena at the same time for insurance purposes, and
so that they do not have to go through another application.
Mr. Tucker asked for a motion to include the roping arena into the USR-1167. Arlan Marrs moved to include
the roping arena and Fred Walker seconded the motion.
The Vice -Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs, yes; Marie Koolstra, yes; Christie Nicklas, yes; Stephan Mokray, yes; Rusty Tucker, yes; Jack
Epple, yes; Fred Walker, yes. Motion carried unanimously.
The Vice -Chairman asked if there was anyone in the audience who wished to speak for or against this
application. No one wished to speak.
Christie Nicklas asked Mr. Wallace if he had seen the additional Conditions of Approval and Development
Standards prior to the hearing. Mr. Wallace had not and Ms. Nicklas wanted to make sure that he is aware of
all of them. Mr. Wallace did have a question on Development Standard #12 regarding the number of people
being limited to 25. Mr. Wallace had a concern that there could be 25 contestants, but each contestant could
bring people with them, exceeding this requirement.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
November 18, 1997
Page 3
Arlan Marrs had a question on the lighting that will be used for the arena. Shani explained that the lighting
issue is covered under the Operation Standards which Mr. Morrison explained is part of the Ordinance and
attaches to any USR that includes lighting issues.
Alan Marrs had questions regarding if the wording of 25 contestants should be changed to 100 total people.
Mr. Wallace was in agreement that 100 people would be appropriate. Shani had a concern that the amount
of users could have a direct impact on septic, dust control, traffic, and parking, so would prefer to have
something specific from the applicant. It was decided to change the wording to say 25 contestants or 100
people total.
Arlan Marrs moved that Case USR-1167, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and the change to Development Standard Number 12 to additionally say 25 contestants
or 100 people, with the Planning Commissions recommendation of approval. Christie Nicklas seconded the
motion.
The Vice -Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs, yes; Marie Koolstra, yes; Christie Nicklas, yes; Stephan Mokray, yes ; Rusty Tucker, yes; Jack
Epple, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: USR-1173
PLANNER: Shani Eastin
APPLICANT: Wood and Barbara Eppelsheimer
REQUEST: A Site Specific Development Plan and Special Review Permit for a' Private Airstrip in the A
(Agricultural) zone district.
LEGAL DESCRIPTION: Lot B of RE -2021, located in the E2, NW4 of Section 34, T2N, R63W of the 6th P.M.,
Weld County, Colorado.
LOCATION: South of and adjacent to Weld County Road 16; approximately 1/4 mile west of Weld County
Road 69.
Shani Eastin, Department of Planning Services, gave an overview of the request for an 80 -acre private airstrip
on a 240 acre parcel. There was an addition to the Conditions of Approval, 3c, numbers 1,2,3, and 4 from the
Federal Aviation Administration, which addresses the close proximity of the proposed airstrip and an existing
airstrip (USR-878) to the north. Staff is recommending approval of this application.
Rusty Tucker asked if only the applicant will be using the airstrip or if there is a joint agreement for Mr. Benson,
who is the owner of the adjacent airstrip. Shani explained that the agreement between Mr. Eppelsheimer and
Mr. Benson is for air space and control of landing and takeoff patterns and that the private airstrip states that
the applicant is the only person available to use it.
Wood Eppelsheimer, applicant, gave a history of his experience and past use of airstrips. Mr. Eppelsheimer
intends to use his airstrip for light use only, using if for travel to other farm interests in other states and different
parts of Colorado. He has spoke to the Federal Aviation Administration (FAA) on regulations of his airstrip
along with Mr. Benson's airstrip. He has also discussed what type of patterns would be acceptable as far as
take off, safety issues and airspace, which the requirement is 120 feet on each side.
Rusty Tucker asked Mr. Eppelsheimer how far apart the two runways will be. Mr. Eppelsheimer stated that
there was a quarter of a mile between the two airstrips.
Arlan Marrs asked approximately how many flights are expected to go in and out of the airstrip. Mr.
Eppelsheimer explained that he intends to fly out about once a week in the summer months, and winter months
he does not intend to fly because of bad weather.
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November 18, 1997
Page 4
Stephan Mokray asked due to the close proxirraty of the airstrips, if he and Mr. Benson ever considered sharing
an airstrip. Mr. Eppelsheimer explained that they had discussed it, but did not believe that a Use by Special
Review would allow for them to do that. Lee Morrison explained that the existing permit may not allow for Mr.
Benson to include both parties to use the same airstrip since he had limited the use for himself, however the
permit could have possibly been amended. Mr. Morrison also explained that if the two had gone together, this
changes the use from an airstrip to an airport. Mr. Eppelsheimer explained that he did not feel there would be
a safety problem because of the low usage of flying and the separation distance of the two parallel runways.
Mr. Mokray then asked about the letter from the FAA dated September 9, 1997, stating that they were not
approving or disapproving but only making a determination on the two airstrips . Mr. Eppelsheimer explained
that the FAA makes recommendations of what is safe, but leaves it up to the landowners and local authorities.
The Vice -Chairman asked if there was anyone in the audience who wished to speak for or against this
application.
Steve Benson, property owner of the existing airstrip, spoke against the application expressing concerns of
the close proximity of the airstrips, safety issues and the liability. Mr. Benson feels that the current 240 acres
that Mr. Eppelsheimer currently owns is going to be divided into smaller acre parcels making the runway
available to other users and becoming more than a one person operation. Stephan Mokray asked Mr. Benson
if he was aware that the application was only for a single use airstrip. Mr. Benson is aware but feels that there
is going to be future problems.
Rusty Tucker asked for Shani to clarify the process of subdividing the land giving further access to the airstrip.
Shani explained that the land has been approved for two recorded exemptions and one subdivision exemption,
which is a right by Mr. Eppelsheimer to apply for. Mr. Tucker asked if someone doe&buy the property, would
they be allowed to use the airstrip. Shani explained that if someone is to buy the property, they would be able
to operate the airstrip under the same conditions, and if someone was to buy the subdivided property and
wished to use the airstrip, they would be able to do so but they would need to apply, and this would change
the verbiage from airstrip to airport requiring an amendment to the use. Lee Morrison explained that the use
of the airstrip is confined to the owner of Lot B until amended.
Al Becker, property owner, spoke against the application, expressing concerns of the two airstrips and the
subdividing of Mr. Eppelsheimers land.
Pat Bone, property owner, spoke for the application, stating that their property would be directly affected and
had no objection to the airstrip. She also said that both Mr. Benson and Mr. Eppelsheimer have such low use
she does not see a problem.
Dennis Kitzman, property owner, had no problem with the airstrip as long as it stayed private, but did have a
concern with the development and the airstrip becoming more active.
Mr. Eppelsheimer explained that he had no intention of subdividing his property and understands that if the use
changes, he will have to come back to amend his permit. He explained how there are three existing homes
on the property with plans on destroying two of them and went through the exemption process for his own
purposes of building on his property.
Fred Walker asked about the Condition of Approval 3c and if Mr. Eppelsheimer had chosen one of the four as
recommended by the FAA. Mr. Eppelsheimer explained that he would prefer to stay with number three, but
that the FAA stated that he could choose one or a combination of the four, but feels this would be the safest.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
November 18, 1997
Page 5
Mr. Walker than asked if they should decide on one to avoid conflict in the future. Lee Morrison did not feel
that they should choose one and exclude the others in case the two property owners did work something out
in the future. The FAA has made their recommendations and are done with their determination. Mr.
Eppelsheimer would like to work things out and would prefer number three. Christie Nicklas was not
comfortable limiting Mr. Eppelsheimer and stated they should leave if as is and let the FAA work it out. Mr.
Marrs asked Mr. Eppelsheimer if he could choose one and make an application to the FAA and get a response
to give the Planning Department. Mr. Eppelsheimer was in agreement with being able to do this.
Shani had a few typographical errors she wanted to correct on Condition of Approval #3b #4 the word object
-fee to object -free and the change by Public Works of 125 feet to say 60 feet. Mr. Tucker asked is there was
a difference between a #3 safety area and #4 object free area. Shani explained that the definitions have been
submitted by the FAA in the referral with comments section and read them into the record.
Mr. Tucker asked Mr. Eppelsheimer if he was in agreement with the Conditions of Approval and Development
Standards. He stated that yes he was.
Stephan Mokray moved that Case USR-1173, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Arlan Marrs seconded the motion.
The Vice -Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs, yes; Marie Koolstra, yes; Christie Nicklas, yes; Stephan Mokray, yes; Rusty Tucker, yes; Jack
Epple, yes ; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: USR-1171
PLANNER: Kerri Keithley
APPLICANT: Douglas Born
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Commercial Use for a
vehicle sales business located in the A (Agricultural) zone district.
LEGAL DESCRIPTION: Lot B of RE -1024, located in part of the SW4 of Section 29, T7N, R67W of the 6th
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to Weld County road 76; approximately 3/4 mile west of State Highway
257, also located adjacent to the Town of Windsor's limits on the east, north and south
boundaries.
Kern Keithley, Department of Planning Service, presented Case-USR-1171, for a Commercial Use for a vehicle
sales business. Kern gave background information on Mr. Born's property. The case originated from a
complaint from a surrounding property owner. The site has been inspected by the Health Department and the
Zoning Compliance officer from the Department of Planning. Kerri clarified that the applicant is applying for
15-20 customers come to his site per month to purchase vehicle parts. Mr. Born owns one and a half acres
and is not planning on expanding his site and will not have any employees. A noncommercial junk yard is
allowed as an accessory use in the agricultural zone district as long as the property is visually screened from
public right of way's and adjacent properties. Mr. Born is allowed to have the vehicles on his property if
properly screened, he is just asking for people to come to his property to buy parts. Kerni explained that
Conditions of Approval and Development Standards will address incompatibilities such as screening, hours
of operation, a non -transferable clause and the installation of a fire hydrant. The Department of Planning
Services is recommending approval of the application. The Town of Windsor is recommending denial of the
permit through the referral due to incompatibilities, property values, and the concern of not having control over
the Development Standards.
Rusty Tucker asked about the fire hydrant and where the water will be supplied from. Kern explained that there
is an existing public water line that runs adjacent to the property and Mr. Born would need to tap into the line.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
November 18, 1997
Page 6
There are concerns from the Windsor -Severance Fire District on the low pressure of the water line, but they
feel that any hydrant will be better than not having one at all.
Fred Walker asked Kerri to explain the proposed landscaping and if there was a definite plan. Kerni explained
that there has been a fence installed and staff is are asking for a landscape/screening plan and also asking
Mr. Born to plant some evergreen trees for screening.
Rusty Tucker asked Kerri to give the difference between the sale of antique car parts and a junkyard. Kerri
explained that a noncommercial junkyard is an accessory use with no commercial component. Mr. Born would
not be able to sell parts, where as the special use permit allows Mr. Born to sale the vehicles and have
customers and be able to advertise.
Arlan Marrs asked for Kerri to again clarify what Mr. Born has by right the ability to do. Kerni explained that Mr.
Born has a right to have a noncommercial junkyard with no commercial component in it and is able to keep the
cars and parts on his site, but they would need to be screened.
Mr. Born, the applicant, explained he is collecting antique and classic cars and that it is mainly a hobby but
he does sell extra parts and pieces. Mr. Born does not do any repair work or work on other people's vehicles,
and does not store any oil, gas or batteries. Mr. Born had gone to his neighbors after receiving a complaint
and tried to resolve any problems. A building to store some of the vehicles and a seven -foot fence has been
installed to the north and west side of the property, and about 100 trees have been planted about two years
ago that are now about 14 feet high. Mr. Born has had to move vehicles onto his site that have been stored
elsewhere due to enormous expenses he has incurred to comply with the County. He has no plans for
expanding the business or becoming a full-time salvage yard.
Fred Walker asked Mr. Born if the screening between the shed access to the home is recent and if it is
temporary. Mr. Born said it is real recent and was temporary but will eventually be permanent. Mr. Walker also
made Mr. Born aware that he was parking his trailer in a County right-of-way and that the south access of the
property is one big access and wanted to make sure that he understood Public Works recommendation. Don
Carroll, Weld County Public Works, explained that there is an intent of a barrow pit but it does not carry water
and is flat, the County does have a 30 -foot right-of-way on the applicants side and 30 feet on the other side
and that there should be no staging or parking on the County right-of-ways. Mr. Walker has also seen Mr.
Born's collection grow and explained that he has seen the screening Mr. Born has done and asked if he was
at a saturation point of collecting. Mr. Born replied by stating that he would like to sell more and could not say
whether or not he planned on buying more at this time.
The Vice -Chairman asked if there was anyone in the audience who wished to speak for or against the
application.
Ti Benson spoke against the application, stating that she has a concern with an industrial activity to operate
with in a residential environment. Mrs. Benson feels that there are several nice homes in the area and believes
the applicants property is affecting the property values of the homes around the area. Christie Nicklas asked
Mrs. Benson if she was aware that if they deny the request, Mr. Born cannot sell any of the parts but the site
will stay as is. Mrs. Benson wants to insure that nothing is sold off the property.
Vern Blue spoke against the application, with concerns of the depreciation of the home values. He is also
stated that the property is a junkyard, and that in the last seven years there has been no attempts of screening
until just recently. Mr. Mokray asked how long he has lived there and Mr. Blue explained that he has been
there 14 years and that the business had not been there before. Mr. Blue did know the previous owners and
had asked prior to the Born's moving in if Mr. Born had planned on doing anything. Mr. Blue had been told that
Mr. Born would have three or four antique cars that he would have on the property, which he believes have
grown to more than 100 full or partial vehicles at the present time.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
November 18, 1997
Page 7
Mike Moore spoke against the application with concerns of the growth of the vehicles, and that a hobby has
slowly over the years turned into a sales operation and growing across the street. Mr. Moore had pictures of
the surrounding homes and pictures of how the cars have escalated. Marie Koolstra asked Mr. Moore what
the current zoning is in his subdivision. Mr. Moore said that it is residential which is located in the County.
Marie explained that County issues of residential property have been a problem due to people who move into
a residential area that is County and feels it is a lose lose situation for property owners with the rules and
regulations they have to deal with.
Chuck Kler, spoke against the application and has lived in the area as long as Mr. Born and does not feel that
Mr. Born is a hobby due to the fact that loads of junk keeps coming in and out of the property and it keeps
stacking up and extending into the county road.
Arthur Pitner spoke against the application stating that within a quarter of a mile there are three subdivisions.
Two of those have been annexed into the Town of Windsor and the surrounding property around the Born's.
Mr. Pitner also does not feel that this is a hobby and sees trailer loads of vehicles coming in and out and has
seen a steady growth. He believes that the trees and fence's will not screen the cars piled two and three high.
Mr. Pitner feels that this is not a place for a commercial activity and sees an increase in traffic becoming a
problem.
Don Carroll made a clarification that of the three subdivisions in question, two are County maintained, Roth and
Northwest Estates, and one is in the Windsor limits.
Denise Hamernik spoke against the application with concerns of the amount of people that will be coming in
and out of the property, the increase of traffic, and the value of the surrounding properties. Mrs. Hamernick
understands that if the permit is not granted that he still has a right to collect the cars and does not want to see
any future growth. There was also a question of the proposed future plan for another building. Kerri explained
that the proposed building would be for storage of the current vehicles for screening reasons. Mrs. Hamernik
also has concerns that if Mr. Born is granted a permit, he will be able to advertise and increase the amount of
customers. Kern explained that Mr. Born is currently advertising, and if granted the permit, the Planning
Department would be able to limit the number of people coming onto the site but it would be difficult to enforce.
Nancy Kerber, spoke against the application and is concerned with the growth of what they consider to be a
junkyard and feels that Mr. Born is only trying to hide a mess that people have to drive by that live in the
subdivisions.
Bert Deautaud, spoke against the application with concerns of the surrounding residential homes around Mr.
Born's property and does not feel a commercial use is appropriate for the area. Mr. Deautaud understands
that Mr. Born has the right to store the vehicles on the property if done properly, but feels that the buying and
selling could be done elsewhere.
Robert Penny, Attorney for Doug Connelly, Mr. Born's neighbor directly to the west, expressed his client's
frustration of the growth of Mr. Born's vehicles. Mr. Penny had pictures of the property from 1992 to present
showing the increase. Mr. Penny explained how Mr. Born has been in violation for years and the County has
not enforced the Ordinance and the cars have been stacking two to three high. Mr. Connelly has tried to sell
his home for a year and has been told that the home has depreciated by tens of thousands of dollars, and sees
this happening to others. Mr. Penny stated that if the permit is approved by the County that it would constitute
an unconstitutional taking of his clients property without due process. Mr. Penny also does not feel that the
County will be able to monitor the location and said if the permit is not granted that Mr. Born will no longer be
a problem in the County because he would probably load up his vehicles and pursue his work elsewhere.
Stan Liss spoke against the application with concerns that there will be an impact of economic interests and
supports the Town of Windsor's recommendation for denial.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
November 18, 1997
Page 8
Doug Connelly spoke against the application explaining that a few vehicles had increased to the point that it
is devaluated the property values. Mr. Connelly stated that he is frustrated by the way things have been
handled and a junkyard should not be allowed. Fred Walker asked Mr. Connelly if he felt there was any
solution to the situation. Mr. Connelly feels the only solution is to remove the vehicles which he considers to
be a nuisance.
Douglas Cole spoke for the applicant. Mr. Cole stated that the vehicles that sit on the road belong to him and
not Mr. Born and that he has also been asked to clean up his property. Mr. Cole has helped Mr. Born and does
not feel that the items he has are junk and considers them to be treasures.
Mr. Born addressed the comments that were made by the surrounding property owners. He stated that he
does not stack his cars, and that traffic will not increase. The proposed building has been requested by the
County if needed in the future without going through the process again. Mr. Born has not heard any complaints
until the meeting and people have bought, sold and built residences around his site since they have been there
with no problems.
Rusty Tucker added that one of the advantages to moving to the County is that you have the right to do what
you want with your property with no or little restrictions.
Arlan Marrs asked for explanation if the material inside the fence become higher or buildings are built outside
the fence that people are able to see. Kerri explained that the material inside the screening cannot be visible
from the right-of-way or adjacent properties, Mr. Born would need to screen according to the height and length
of material and this is difficult to do for the Connelly's property because they have built their home up due to
the water table. The Planning Department is asking for a detailed screening plan prior to recording the plat so
they can review it to make sure that it meets the intent of not being visible. Lee Morrison added that the
standard of screening from adjacent properties in the ordinance does not address screening from the highest
point on the structure on the adjacent property, but instead is based upon the height of the land.
Arlan Marrs asked again for Kerri to explain the use by right and what the application is intending and what
happens if it is denied or approved. Kerni explained the process to the Commission.
Rusty Tucker asked if the Town of Windsor has put a time limit on the request for a fire hydrant, and Kerni was
not aware of any at this time.
Jack Epple asked if any zoning changes have taken place since 1990 and the current zoning. Kerri explained
that the last change was done in the mid 80's when Windsor annexed surrounding land and was not aware of
any current changes. The current zoning on the annexed property is zoned PDR (Planned Development
Residential Use).
Stephan Mokray verified that if the permit is denied, Mr. Born will still use it as a hobby and if approved he will
be able to expand and allow people on his property to buy parts. Kerri verified that this was correct.
Stephan Mokray moved that Case USR-1171, be denied. There was not second to the motion.
Fred Walker stated that in fact there has been an expansion for a period of time and the site should be allowed
limited commercial activity. If there is an expansion, the neighbors will watch and should contact the Planning
Department to ensure the permit is enforced.
The Vice -Chairman asked Mr. Born if he was in agreement with the Conditions of Approval and Development
Standards. Mr. Born was in agreement but did have a concern with the fire hydrant issue and is uneasy about
the expense of a hydrant without having the required amount of water pressure required.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
November 18, 1997
Page 9
Marie Koolstra asked if Mr. Born would be able to get back some of his expense by surrounding property
owners that will be using it. Kerri was not aware of any because Mr. Born is being required by the Fire District
to obtain the hydrant, but suggested changing the wording to say that Mr. Born will attempt to put in the fire
hydrant to allow him to go through an appeal process with the Fire District. Lee Morrison does not believe that
there will be anything to appeal since Mr. Born has not actually said that he will not put the hydrant in and that
there should be better clarification from the Fire District.
Mr. Born said he was not objecting to put in a hydrant, but was just concerned that it will not have the required
water pressure.
Jack Epple moved that Case USR-1171, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Christie Nicklas seconded the motion.
The Vice -Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs, yes; Marie Koolstra, yes; Christie Nicklas, yes; Stephan Mokray, no; Rusty Tucker, yes; Jack
Epple,yes; Fred Walker, yes. Motion carried unanimously.
Meeting adjourned at 4:30 p.m.
Respectfully submitted
Wendi Inloes
Secretary
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