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HomeMy WebLinkAbout20240184.tiffHEARING CERTIFICATION DOCKET NO. 2024-06 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAN MINOR AMENDMENT, PUDF23-0004 (FORMERLY KNOWN AS PF-1129), TO REMOVE A BUILDING ENVELOPE ON LOT 1, BLOCK 2 OF THE HOME RANCH PUD — ERIC GERTGE A public hearing was conducted on January 31, 2024, at 10:00 a.m., with the following present: Commissioner Kevin D. Ross, Chair Commissioner Perry L. Buck, Pro-Tem Commissioner Mike Freeman Commissioner Scott K. James Commissioner Lori Saine Also present: Acting Clerk to the Board, Jess Reid Deputy County Attorney, Karin McDougal Department of Planning Services representative, Diana Aungst Department of Public Health and Environment representative, Lauren Light The following business was transacted: Eri I hereby certify that pursuant to a notice dated January 11, 2024, and duly published January 13, 2024, in the Greeley Tribune, a public hearing was conducted to consider the request of Eric Gertge, for a Site Specific Development Plan and Planned Unit Development Final Plan Minor Amendment, PUDF23-0004 (formerly known as PF-1129), to remove a building envelope on Lot 1, Block 2 of The Home Ranch PUD. Karin McDougal, Deputy County Attorney, made this a matter of record. Diana Aungst, Department of Planning Services, presented a brief summary of the proposal, provided the general location of the site, and stated 11 referrals were sent out and six (6) agencies responded. She relayed the applicant wishes to construct an outbuilding, outside of the existing building envelope, and noted this will not change the density of the PUD and will not affect compatibility with surrounding land uses. She stated the Home Ranch PUD is an eight (8) -lot PUD and mentioned this is the third request to remove a building envelope in said PUD. She indicated notice was sent to ten (10) surrounding property owners (SPOs) and one (1) letter of objection (Exhibit B) was received, citing loss of views to the west as the reason for their objection. Ms. Aungst asserted the proposed outbuilding will not block views for the property owner that submitted the letter, relayed seven (7) out of eight (8) homeowners signed a letter stating no concerns, and mentioned the site is within the three (3) mile referral area for the Towns of Windsor and Severance. She shared, per the Development Review staff, the existing access is on County Road (CR) 74, no additional accesses had been requested, and CR 74 is under the jurisdiction of the Town of Windsor. Ms. Aungst entered the favorable recommendation of the Department of Planning Services into the record, as written, and displayed images of the site and surrounding views. Commissioner Freeman referenced a previous case where building envelopes were removed from all lots in a PUD and questioned if that was an option in the Home Ranch PUD, to Cc : PL(£RAAN/DHVMw►/KR) o3/2' 1.29 2024-0184 PL2905 HEARING CERTIFICATION - ERIC GERTGE (PUDF23-0004) PAGE 2 which Ms. Aungst replied that not all property owners in the Home Ranch PUD could agree on that, which is why the applicant pursued his own PUDF. Ei Eric Gertge, applicant, stated his intent is to build a garage behind the house and it would be easier to come straight off of the driveway to access the new garage, which would require him to build 50 feet outside of the existing building envelope. He also relayed that building within the building envelope would potentially disturb the septic system. Chuck Pettee, surrounding property owner, submitted a letter of objection (Exhibit B) prior to the hearing and relayed the importance of the building envelope is to preserve the views to the west. He asserted it infringes on the openness of the neighborhood. It was clarified that Mr. Pettee does not object to Mr. Gertge's garage, he just does not want the building envelope removed. In response to Commissioner Saine, Ms. Aungst explained relocation of the building envelope was not reviewed as part of the application process, since the request was to remove, and stated a request to relocate would require a new application. She further explained what the process would be if the applicant wanted to expand the building envelope. Mr. Gertge indicated he is open to moving or deleting the building envelope and used the displayed map to describe how it would be laid out. In response to Commissioner Saine, he indicated eight (8) out of nine (9) homeowners were in favor of removing building envelopes all together. Chair Ross stated he is not willing to make Mr. Gertge re -do his septic and reiterated Mr. Pettee did not have an objection to the garage. Mr. Getge noted the PUD's Architectural Review Committee (ARC) did approve his application for the garage. En The Board discussed the Conditions of Approval and made no changes, and in response to Chair Ross, Mr. Gertge indicated he had reviewed, and agreed to abide by, the Conditions of Approval, as presented. El Commissioner James moved to approve the request of Eric Gertge for a Site Specific Development Plan and Planned Unit Development Final Plan Minor Amendment, PUDF23-0004 (formerly known as PF-1129), to remove a building envelope on Lot 1, Block 2 of The Home Ranch PUD, based on the recommendations of Planning staff, with the Conditions of Approval, as presented. The motion was seconded by Commissioner Buck, and it carried unanimously. Commissioner Freeman expressed his support for private property rights, and the hearing was completed at 10:40 a.m. 2024-0184 PL2905 HEARING CERTIFICATION - ERIC GERTGE (PUDF23-0004) PAGE 3 This Certification was approved on the 14th day of February, 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Cam `„& :,A Weld County Clerk to the Board BY: J11iti . WQ� l c� 1 GK- Deputy Clerk to the Board EXCUSED DATE OF APPROVAL Kevin . Ross, Chair Perry L. 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