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Home My WebLink About950699.tiffHEARING CERTIFICATION DOCKET NO. 95-23 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1074 FOR AN EXCAVATION BUSINESS IN THE A (AGRICULTURAL) ZONE DISTRICT - DITTER A public hearing was conducted on April 5, 1995, at 10:00 a.m., with the following present: Commissioner Dale K. Hall, Chairman Commissioner Barbara J. Kirkmeyer, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner W. H. Webster Also present: Acting Clerk to the Board, Carol Harding Assistant County Attorney, Lee Morrison Planning Department representative, Todd Hodges The following business was transacted: I hereby certify that pursuant to a notice dated March 8, 1995, and duly published March 23, 1995, in the Windsor Beacon, a public hearing was conducted to consider the request of Larry, Stacy, and Kerri Differ for a Site Specific Development Plan and Special Review Permit for an excavation business in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Todd Hodges, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. He noted the addition of Development Standard #17 stating no storage or stockpiling of soil or waste material is allowed on site and answered questions from Chairman Hall and Commissioner Baxter concerning closing the access onto State Highway 392 and requiring access to be onto Weld County Road 35. Mr. Hodges noted the Planning Commission voted not to close it off; however, a consideration of the Board should be whether the access onto Highway 392 should be restricted to residential use. Stacy Differ, applicant, stated the purpose of the application is to allow him to park his equipment on his property and allow employees access to said property; he does not plan to stockpile dirt or waste material in any manner. Mr. Ditter presented a letter from the Eaton Fire Department, Exhibit L, stating no objections to this use. Responding to Chairman Hall, Mr. Hodges stated a screening plan is requested for review and approval by planning staff. Mr. Ditter noted the equipment shed will act as a partial screen, and his preference is for a privacy fence at Highway 392, since trees and shrubs may cause more icing conditions along the road during the winter. Mr. Hodges noted the screening would not be limited to Highway 392, and it could be a combination of structure and vegetation or fencing. Mr. Differ responded to Commissioners Kirkmeyer and Baxter that the shed is to allow inside storage of equipment, as well as a place to perform maintenance on the equipment. He noted he has only two front-end loaders, one backhoe, two dump trucks and one small truck, with no plans for increasing his equipment in the near future. He also noted the equipment is not on the property for a large part of the year, since it is left at the actual job site. Responding to other questions from the Board, Mr. Ditter explained he is the sole owner of Ditter Excavation, and he has no interest with his father and uncle on a nearby farm which is leased. Mr. Ditter noted he has done a lot of work to clean up the property since obtaining it approximately one year ago, including remodelling the house, tearing down sheds and old fences, removing junk and dead trees, and installing a three -rail fence. In response to Chairman Hall regarding complaints about a motorbike raceway and shooting range, Mr. Ditter stated as a hobby he rides a motorbike in several places on his property and has shot skeet at the back of his land; however, after speaking to his neighbors he has no problem with going to a shooting range. In response to Chairman Hall and Commissioner Harbert, Mr. Ditter stated he prefers the equipment and employees access the property from Weld County Road 35 and the Highway 392 access remain residential. Carol Erickson, Bruce Burron, Norma Erickson, and Johann Hart, surrounding property owners, stated concerns regarding access from State Highway 392 creating traffic safety hazards; pollution, including noise and odor; declining property values in nearby Pinnacle Park; height of the planned shed; decrease in aesthetic appeal; and road deterioration caused by moving large equipment. Mr. Burron presented a petition signed by 17 residents in the area, Exhibit M, 950699 PL RE: HEARING CERTIFICATION - DITTER PAGE 2 opposing the request. Gary Sack, Raymond Burr, and Mike Willits, surrounding property owners, spoke in favor of the application. Mr. Burr stated even though 17 people signed the petition presented by Mr. Burron, there are a total of 31 lots in Pinnacle Park, and many residents are not against the application. Tim Zieg, surrounding property owner, requested the speed limit be lowered on Weld County Road 35 where the County has jurisdiction. Kerri Ditter, co -applicant, responded to the concerns presented by the residents and reiterated they are not asking to change the zoning of the property, only to allow a Use by Special Review Permit to allow them to conduct their business. She stated she has two to three horses at pasture and indicated even more ground will be seeded for use as pasture. In response to Commissioner Baxter, Mr. Differ indicated that large equipment is not part of his operation, all his equipment falls into the category of small or medium sized. Commissioner Kirkmeyer verified the applicants are in agreement with all the Conditions of Approval, including the addition of Development Standard #17 concerning stockpiling of soil, and the addition of a Condition limiting the Highway 392 access to residential use only. Mr. Morrison suggested the change be made to Condition #3. Mr. Hodges read the proper language for Condition #3. Commissioner Kirkmeyer moved to approve the request of Larry, Stacy, and Kerri Differ for a Site Specific Development Plan and Special Review Permit for an excavation business 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 addition of Development Standard #17 and the change to Condition #3. The motion was seconded by Commissioner Webster, and it carried unanimously. Chairman Hall indicated he feels this is not an industrial use in an agricultural area; therefore, he is in favor of it. This Certification was approved on the 10th day of April, 1995. APPROVED: dee'? Weld County Clerk to the Board BY' Deputy Clerk to the Board TAPE #95-11 DOCKET #95-23 PL0988 BOARD OF COUNTY COMMISSIONERS 7 COUNTY OLORADO Dale K. Hall, Chairman e Pro-T Barbara J. Kirkmeyer, ec;ge E"Baxter fin Constance L. Harbert f� j4L) , W. H. We ster 950699 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 5TH DAY OF APRIL, 1995: DOCKET # 95-23 - USR #1074 for Larry, Stacy, and Kerni Ditter 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 include City and Zip Code) HEARING ATTENDING Gay/ I4-s4c(c. %(6 l7 Li AS I5 PERK 124170 C2r,r(1r,. 6vlc E?t-So o63J Sd 0E.ri44i /649(��veyi �e a �, G��etc7/Co o Ili CO PL -3/ cee 57i /7yS---A Pi 12J)rr-� x(031 Sth Gt�Jv1� ` ,�,�n, S J i (dad +i �� f ILL, 3G f doc� )1/, /�1.3 Z %/ 3q2 G 8�� i 3 J c 9 / ti)Lf�? Peak co ht1X ci1Q,1 bai / C <I , zi,ctw it 33ogo P,XLc 950699 EXHIBIT INVENTORY CONTROL SHEET Case .(,t to ,ac Ylmi S4& i!` L2 s/SD. 44 E. 3//S F. 3k, H. H. N. 0. P. Q• R. S. T. U. V. W. X. Y. Submitted By Exhibit Description lA)On-MIA6O %-ItLVMJ Ph) ite C©mmthoit 5k' db efinswvivutniotAioKi Qcknr, r Cs7tiYv.0tand CQDA,t, +O ' and_. te6SS, ,sk UC + \AAkin net an. eiVzi >ZnA_ � 4/1 -ice duce 1/1_/�+-e Q frad 4.4 U L/I-C:& v et 72 dem /�,2i•-AA-26,-,A-gcite2Curr1 0 elez2,6 t Zeadeez ul. t2u i*.e/2./z-ein- (3t1 I ton (fie arip°c o -n_. r Lire w IS F. L74 iThre-- $Ito 950699 Z. Hello