HomeMy WebLinkAbout992654.tiff HEARING CERTIFICATION
DOCKET NO. 99-69
RE: CHANGE OF ZONE#530 FROM A (AGRICULTURAL)ZONE DISTRICT TO E (ESTATE)
ZONE DISTRICT FOR A 5-LOT MINOR SUBDIVISION - DANIEL OCHSNER
A public hearing was conducted on November 24, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner M. J. Geile - EXCUSED
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Eric Jerman
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated October 29, 1999, and duly published November 3,
1999, in the Fort Lupton Press, a public hearing was conducted to consider the request of Daniel
Ochsner, do Roger Kenney, Kenney and Associates, for Change of Zone #530 from the
A (Agricultural) Zone District to E (Estate) Zone District for a 5-Lot Minor Subdivision. Lee
Morrison, Assistant County Attorney, made this a matter of record. Eric Jerman, Department of
Planning Services, presented a brief summary of the proposal and entered the unfavorable
recommendation of the Planning Commission into the record as written. Mr. Jerman gave a brief
description of the location of the site and stated the applicant has submitted a letter, marked Exhibit
N, requesting this matter be continued indefinitely to allow him to consider redesign options for this
application. In response to Chair Hall, Mr. Morrison stated until the Board is informed of the
proposed changes,it cannot determine whetherthey are significant enough to require the applicant
to start over and return to the Planning Commission. He suggested the Board continue this matter
to a certain date, at which time the applicant can proceed with the proposed application or restart
the process with a new design. In response to Commissioner Kirkmeyer, Mr. Morrison stated if
the proposal is redesigned, the applicant will have to apply for a substantial change. In response
to Chair Hall, Mr. Jerman stated the applicant discussed some redesign possibilities for the site on
November 18, 1999, at which time he informed the applicant that if he is considering changes to
the application, he should submit a letter requesting a continuance.
Lila Mayer, surrounding property owner, expressed concern that although many people have
rearranged their schedules to be present,it is unfair that the applicant has caused additional delays
in this case. Ms. Mayer stated if this matter is approved at some date, she would like to appeal the
decision.
Bruce Wilson, surrounding property owner, stated this proposal has been recommended
unfavorably by the Platteville Planning Commission, as well as the Weld County Planning
Commission. He stated if there are going to be changes, this matter may need to go back to the
Platteville Planning Commission for review of the changes.
M , vL, CA PL1356
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HEARING CERTIFICATION - DANIEL OCHSNER (COZ#530)
PAGE 2
Linda Pyeatt, surrounding property owner, stated she called yesterday just before 5:00 p.m. and
was informed that there was still going to be a hearing today. Ms. Pyatt stated a continuance
should not be considered and the request be denied.
Commissioner Vaad moved to continue this request to December 22, 1999, at 9:00 a.m.
Commissioner Baxter seconded the motion. Commissioner Kirkmeyer stated she will vote against
the motion because the applicant should not be allowed to further delay the process to consider
his options, and added December 22, 1999, is also before a holiday, and it is unlikely that the
applicant will be ready by that time as well. Mr. Jerman stated he will not be present on this date.
Chair Hall stated he does not appreciate having to continue this matter when many others are
present and will vote against the motion. Following discussion regarding a hearing date, Mr.
Morrison stated the action of the Board at the next meeting will be greatly affected by what the
applicant proposes. Commissioner Kirkmeyer expressed concern that the applicant has had
adequate time to decide what he will propose. Mr. Morrison suggested this matter be continued
for the purpose letting the applicant withdraw the application or schedule a new hearing date.
Commissioner Vaad amended the motion to continue this matter to December 22, 1999, at 9:00
a.m. for the sole purpose of setting a new hearing date or to dismiss the case for Daniel Ochsner
for Change of Zone#530 from the A (Agricultural)Zone District to E (Estate)Zone District for a 5-
Lot Minor Subdivision. The amended motion was seconded by Commissioner Baxter,and it carried
three to one, with Commissioner Kirkmeyer opposed.
This Certification was approved on the 29th day of November, 1999.
sir APPROVED:
ATTEST: AIX r' / �" ��a%OARD OF COUNTY COMMISSIONERS
D COUNTY, CO sRA
1861O �
Weld County Clerk to the :C.rd t1 .,����. �'/� /o �,_,� �•.,,
,/f . Hall, Char
BY: CC��
Deputy Clerk to the Boar.S. j.
:arbara J. Kirkmeyer, r -Tem
TAPE #99-38
eorg
DOCKET#99-69
EXCUSED
M. J. Geile
/
Glenn Vaad/-
992654
PL1356
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 24TH DAY OF NOVEMBER, 1999:
DOCKET #99-69 - DANIEL OCHSNER
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)DOCKET#OF HEARING ATTENDING
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