HomeMy WebLinkAbout20250215.tiffHearing Certification
Docket No. 2025-14.A
Board of County Commissioners
Weld County, Colorado
Probable Cause hearing, PCSC25-0003, to consider setting a Show Cause Hearing
to determine whether or not the permittee is in compliance with certain
Requirements contained in Zoning Permit — Class I Home Occupation,
ZPHO24-0005, for a home office for a flooring business in the R-1 (Low -Density
Residential) Zone District — Abbey Van Horn
A public hearing was conducted on January 29, 2025, at 9:00 a.m., with the following
present:
Commissioner Perry L. Buck, Chair
Commissioner Scott K. James, Pro-Tem
Commissioner Jason S. Maxey
Commissioner Lynette Peppier
Commissioner Kevin D. Ross — Excused
Also present:
Acting Clerk to the Board, Jess Reid
Assistant County Attorney, Karin McDougal
Department of Planning Services Representative, Maxwell Nader
The following business was transacted:
=' A public Probable Cause hearing, PCSC25-0003, was conducted to consider setting
a Show Cause Hearing to determine whether or not the permittee, Abbey Van Horn, is in
compliance with certain Requirements contained in Zoning Permit — Class I
Home Occupation, ZPHO24-0005, for a home office for a flooring business in the
R-1 (Low -Density Residential) Zone District. Karin McDougal, Assistant County Attorney,
made this a matter of record.
El Maxwell Nader, Department of Planning Services, provided the history of the ZPHO
Permit, and the general location of the site, which is in the R-1 (Low -Density Residential)
Zone District. He stated the initial complaint about a commercial flooring business was
submitted on October 28, 2024, discussions with the homeowner regarding a permit for
the home office aspect of the flooring business occurred in November, and staff approved
ZPHO24-0005, on January 3, 2025. After issuance of the permit, he relayed staff received
complaints and photos of activities taking place on the subject property, specifically,
employees coming to the site and commercial vehicles being present. He stated staff
visited the site on January 10, 2025, and witnessed activities that were not in compliance
with the ZPHO permit. He noted, since the issuance of the permit on January 3, 2025,
photos had been submitted by the neighbor on a daily basis documenting activity. He
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cited the permit is in violation of Weld County Code Section 23-4-990.F (A Class I Home
Occupation shall be conducted by the members of the Living Unit of the Dwelling Unit.
A Class II Home Occupation shall be conducted by the members of the Living Unit of the
Dwelling Unit plus no I more than two [2] external employees) and 23-4-990.B.6.a
(The proposed parking location of any Commercial Vehicle [if applicable], including
distances from the property Lot lines and other Structures on the property.
Notwithstanding any section of this Code to the contrary, a Class II Home Occupation
may include up to two [2] associated Commercial Vehicles), both of which can be
associated with Section 23-4-990.D.4 (The Home Occupation shall not create any
negative impacts to the public health, safety and general welfare of the neighboring
property owners, such as little or no offensive noise, vibration, smoke, dust, odors,
lighting, traffic congestion, trash accumulation, heat, glare or electrical interference, or
other hazard or nuisance noticeable off the Lot). He displayed and described 16 images
of employees and vehicles on the site, added there were many more photos that were
not displayed but had been added to the case file, and noted the people and vehicles on
the site were a daily occurrence. He stated staff had found probable cause to schedule a
Show Cause Hearing and suggested March 5, 2025, for said hearing, if the Board
concurred probable cause had been found.
Ei In response to Commissioner James, Mr. Nader explained the difference between
the Class I and Class II Home Occupation Permits. He relayed the Class I is for a home
office and is the only type allowed in the R-1 Zone District, unlike a Class II, which is
allowed in the E (Estate) and A (Agricultural) Zone Districts and allows for outside
employees and commercial vehicles. Responding to Commissioner Maxey regarding the
people and vehicles onsite, and how staff knows they are employees and commercial
vehicles, Mr. Nader explained there are additional photos that show the same people and
vehicles entering, and leaving the site, each day, and relayed a site visit was conducted
by staff who witnessed additional employees coming to the site as well. Mr. Nader
confirmed for Commissioner James that under a Class I ZPHO Permit, the permittee can
deliver the products, but an employee is not permitted to do so, and reiterated to
Commissioner Maxey that the R-1 Zone District only allows for a Class I ZPHO Permit.
Mr. Nader did clarify the R-1 Zone District allows USRs, to some degree, as outlined in
Section 23-3-110.F.10 (F. Uses by Special Review. The following Buildings, Structures
and Uses may be constructed, occupied, operated and maintained in the R-1 Zone
District upon approval of a permit in accordance with the requirements and procedures
set forth in Article II, Division 4 of this Chapter. 10. Uses similar to the Uses listed as
permitted as long as the Use complies with the general intent of the Zone District). He
explained that permitting process, including the submittal of comments from outside
referral agencies, the notification of surrounding property owners (SPOs) and a hearing
in front of the Board. Responding to Commissioner James, Ms. McDougal cited Section 2-
4-40 and confirmed that although the Probable Cause hearing is not open to the public
for comment, the permit holder or their representative is allowed an opportunity to speak
and provide rebuttal evidence. In response to Commissioner Peppier regarding the
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language of "two external employees," as stated in 23-4-990.F, Mr. Nader clarified staff
interprets the language to mean, simply two (2) external employees, regardless of
whether they are onsite at the same time or not.
Chair Buck reviewed for the permit holder and the public, the procedures to follow
should this case result in a tie vote due to four (4) Commissioners being present and
Commissioner Ross being excused.
=" Deborah Ytterburg, Johnson and Ytterburg, P.C., represented the permittee and
stated, of the four (4) people employed by the flooring business, three (3) live at the
subject property and one (1) is an external employee. She relayed the external employee
comes to the site each morning to receive task instruction and is typically there for five (5)
to 20 minutes. She asserted Ms. Van Horn received an email from staff, during the
permitting process, which stated such activity was allowed with a Class I ZPHO Permit
and relayed there are two (2) vans, one (1) of which is driven by a person living at the
property and the other by the external employee. She noted Ms. Van Horn was told the
vans would be able to be stored at her property, so long as the logos were covered, and
acknowledged one (1) of the images Mr. Nader displayed shows a logo on a van, which
has since been covered. She summarized that the images, those shown by Mr. Nader
and those in the complete case file, show the residents of the home going about their
daily lives. She discussed the traffic associated with the business and stated there is no
external traffic related to deliveries and the registered address for the company is a
P.O. Box, therefore, customers would never come to the site.
=', Mr. Nader confirmed he had discussions with the permittee about logos on the
vehicles and clarified having logos on a vehicle does not constitute it as a Commercial
Vehicle. He read the Code definition for Commercial Vehicle, and stated if a vehicle, even
with a logo, is used for daily transportation, it is allowed in all zone districts. He relayed,
staff deemed the subject vans as Commercial Vehicles due to the consistency of the
activity and them being utilized for the flooring business. Commissioner James stated he
found there was probable cause to set a Show Cause Hearing, but noted he found it
abhorrent that pictures were being taken by SPOs over fences and in a stalking manner.
=!',, In the matter of Probable Cause hearing, PCSC25-0003, Commissioner James
moved to find there is adequate evidence to set a Show Cause Hearing, for March 5,
2025, at 9:00 a.m., for Class I Home Occupation, ZPHO24-0005, for a home office for a
flooring business in the R-1 (Low -Density Residential) Zone District, held by
Abbey Van Horn, based on the evidence presented by Planning staff and stated the site
is out of compliance with Section 23-4-990.D.4, as it relates to the traffic associated with
the Home Business. The motion was seconded by Commissioner Maxey, who stated he
had concerns about how these types of violations come before the Board, and felt staff
was being utilized as some type of police force. He went on to say he finds the business
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activity unobtrusive; however, based on the evidence presented, he found there was
probable cause to set a Show Cause Hearing. Upon a roll -call vote, the motion
carried 4-0, with Commissioner Ross being excused. There being no further discussion,
the hearing was completed at 10:04 a.m.
(Clerks Note: Subsequent to the hearing, on Monday, February 3, 2025, the date for the
Show Cause Hearing was reconsidered and was moved to March 26, 2025, at 9:00 a.m.
to allow for a full quorum of the Board to be present.)
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Hearing Certification, on motion duly made and seconded, by the following
vote on the 12th day of February, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Attest:
Esther E. Gesick, Clerk to the Board
2025-0215
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