HomeMy WebLinkAbout980042.tiff HEARING CERTIFICATION
DOCKET NO. 97- 69
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT#1171 FOR A
COMMERCIAL USE FOR A VEHICLE SALES BUSINESS (SELLING ANTIQUE CAR
PARTS) LOCATED IN THE A (AGRICULTURAL) ZONE DISTRICT - DOUGLAS BORN
A public hearing was conducted on January 7, 1998, at 10:00 a.m., with the following present:
Commissioner Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
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 December 8, 1997, and duly published
December 24, 1997, in the Platteville Herald, a public hearing was conducted to consider the
request of Douglas Born for a Commercial Use for a vehicle sales business (selling antique car
parts) located 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. Ms. Eastin stated the proposed site lies adjacent to the
Town of Windsor on the north, south and west, and it is approximately 1% acres in size and
considered non-prime farm ground. Ms. Eastin added the applicant is; however, in violation of the
Weld County Zoning Ordinance because 15 to 20 customers per month come to the site to
purchase vehicle parts and the applicant does advertise his business in select magazines. The
Town of Windsor has recommended denial due to the annexation and future low-density residential
development of the area. In response to Commissioner Kirkmeyer, Ms. Eastin stated the applicant
is allowed to collect the vehicles without a special use permit; however, he does need a permit to
run a commercial business. Ms. Eastin explained screening is in place which does screen the
public right-of-way; however, some items are not stored within the screened area. Also, the
neighbor's house to the west is elevated, which allows them to directly view the applicant's
property.
Douglas Born, applicant, stated collecting cars began as a hobby that grew to the point that he had
to sell the extra or unwanted parts, and explained he does not restore or repair the vehicles, nor
does he store oil, gas, or any other hazardous materials on the site. Mr. Born explained his
neighbor purchased the property to the west in 1992 and did not object to his vehicles; however,
over time the complaints have been more numerous. A seven-foot fence was built and over 100
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HEARING CERTIFICATION - DOUGLAS BORN (USR#1171)
PAGE 2
trees have been planted to help screen Mr. Bom's property. In response to Commissioner Baxter,
Mr. Born stated the cars that were parked in the road belonged to the neighbor to the south; there
are 20 to 25 cars plus parts outside the existing building; and he mainly stores cars from the 1920's
and 1930's. Responding to Commissioner Hall, Mr. Born stated approximately 95 percent of the
incoming vehicles do not contain oil or gas and if present, they are removed. Mr. Born added the
local fire district has requested he install a fire hydrant; however, he stated concern over the
effectiveness when the water pressure in the area is so low. Responding to Commissioner
Kirkmeyer, Mr. Born stated he is in the process of applying for a fire hydrant permit and clarified
he does not stack cars other than those that are sitting on flatbeds.
Doug Connelly, property owner directly west of applicant, stated of the 92 homes in the area, 88
signed a petition opposed to the applicant's business. Mr. Connelly stated his opposition is based
on the following: decreasing property values, the unsightly view, over 100 cars on one property,
the recommendation for denial from the Town of Windsor, and a commercial business being run
in an agricultural-residential area. In response to Commissioner Kirkmeyer, Mr. Connelly stated
if the USR was approved, restriction to 20 to 25 cars on the property could be imposed and better
screening would help ease the situation. Mr. Connelly added the trees give limited screening in
the summer; however, the cars are clearly visible in the winter after the leaves have fallen.
Responding to Mr. Morrison, Mr. Connelly stated he had received a letter from West and
Associates giving a cost comparison, which shows the estimated decreased value.
Vern Blue, surrounding property owner, stated he has heard numerous comments regarding the
value of the homes in the area being affected by the applicant's property. Mr. Blue also pointed
out the distance between Northwest Estates and the applicant's property is only '% mile making it
very easy to view over 100 vehicles, stacked cars and various parts from the subdivision. James
Siefken, surrounding property owner, stated his concern with this case setting precedents. Mr.
Siefken explained a welding shop had been denied to come into the area because it was
commercial, and he feels selling cars falls into the same category. Mr. Siefken stated over the past
14 years there has been tremendous growth in the area, as well as increased traffic. He added
if Mr. Born is allowed to operate a commercial business, over time the business will expand and
increase traffic in a residential area.
Doug Cole, property owner directly south of applicant, spoke in favor of the applicant stating the
property is very visible from his home and his property values have not been affected. Mr. Cole
explained he, too, stores old vehicles and often works with Mr. Born. He feels a USR to run a
commercial car parts supply business would allow for more control to avoid future complaints. Mr.
Cole also explained the vehicles which were parked in the ditch had been stored in his building and
the owner had quit paying storage fees so the cars were moved off of his property to be hauled
away. In response to Commissioner Baxter, Mr. Cole stated trees for screening are nice but there
could be too many if more are required and a 14-foot fence is impractical. Stan Liss, spoke in
support of Windsor's recommendation for denial stating the long-term impacts and economic
interests are not compatible with the future growth that will be coming into the area. In response
to Commissioner Baxter, Mr. Liss stated 220 acres have been annexed, none of which is proposed
to be commercial or industrial.
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HEARING CERTIFICATION - DOUGLAS BORN (USR#1171)
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Mr. Born responded to the comments made by surrounding property owners by stating the petition
was very misleading to people who were not even aware he lived there, and property values have
not been severely affected because people have still been buying in the area. Mr. Born clarified
he only has 20 to 25 car bodies plus parts in the yard, he does not stack them, the fence will be
completed once the USR is approve, and traffic coming from the east will not increase traffic near
the subdivision. In response to Chair Harbert, Mr. Born stated the proposed future building shown
on the site plan was suggested by the Planning Department to avoid having to amend the USR if
he ever did want to build another building. Responding to Commissioner Baxter, Mr. Born
explained the last fence installed was on the south shielding the road view and the front of the
property has been cleared of all vehicles. Ms. Eastin stated she visited the site in December and
her main concern was shielding the south side of the property facing the road.
Commissioner Hall moved to deny the request of Douglas Born for a Site Specific Development
Plan and Special Review Permit#1171 for a Commercial Use for a vehicle sales business (selling
antique car parts) located in the A(Agricultural)Zone District based on the finding that the applicant
has not shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance specifically,
Sections 24.4.23., 24.4.2.4, and 24.4.2.7. The motion was seconded by Commissioner Kirkmeyer.
Responding to Commissioner Kirkmeyer, Julie Chester, Violations Officer, stated to remain in
compliance the property still needs to be screened according to the screening plan which was
approved during a 1995 violation hearing. Mr. Morrison added if there is a substantial change in
the operation which changes what can be seen, there is cause for an additional violation to address
further screening of the property. Commissioner Webster stated the operation does not seem to
be compatible because it will be very difficult to completely screen the area, or keep it from
conflicting with Windsor in the future. The motion carried unanimously.
This Certification was approved on the 12th day of January, 1998.
APPROVED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
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TAPE #98-01 /
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DOCKET#97-69
Daly . Hall
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arbara J. Kirkmeyer
980042
PL1236
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 7TH DAY OF JANUARY, 1998:
DOCKET#98-01 - COORS ENERGY COMPANY
DOCKET#97-69 - DOUGLAS BORN
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
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