HomeMy WebLinkAbout20230638.tiffHEARING CERTIFICATION
DOCKET NO. 2022-63.D
RE: SHOW CAUSE HEARING, PCSC22-0010, TO SHOW WHETHER GOOD CAUSE EXISTS
FOR REVOCATION OF USE BY SPECIAL REVIEW PERMIT, USR-413, FOR AIRCRAFT
STORAGE AND SALVAGE IN THE A (AGRICULTURAL) ZONE DISTRICT —
PAUL PAGE
A public hearing was conducted on June 7, 2023, at 9:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Scott K. James
Commissioner Kevin D. Ross
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
County Attorney, Bruce Barker
Planning Services Department representative, Diana Aungst
The following business was transacted:
IEJ I hereby certify that pursuant to a notice dated February 8, 2023, and duly published
February 10, 2023, in the Greeley Tribune, a public Show Cause hearing, PCSC22-0010, was
scheduled for February 22, 2023, and rescheduled due to inclement weather and closure of
County Offices. On March 1, 2023, a hearing was conducted to determine whether good cause
exists for the revocation of Use by Special Review Permit, USR-413, for Aircraft Storage and
Salvage in the A (Agricultural) Zone District, held by Paul Page. At said hearing the Board
continued the matter to June 7, 2023, to allow Mr. Page additional time to bring the site into
compliance. Bruce Barker, County Attorney, made this a matter of record.
▪ Diana Aungst, Department of Planning Services, listed the items that have been removed
from the site since the last Show Cause hearing on March 1, 2023, including large telephone
poles, five (5) of the ten (10) cargo containers, which are leased for storage, commercial vehicles,
which were associated with an on -site tenant, two (2) portable fuel tanks and other miscellaneous
items. She indicated the items that are still onsite include cargo containers, recycled
asphalt/concrete, construction trailers, and other miscellaneous items. She displayed images of
the site as of May 2023, showing significant improvement since the last hearing and outlined the
Board's options regarding the Show Cause hearing.
▪ Kathryn Keiser, PackardDierking Attorneys at Law, represented Mr. Page and reiterated the
progress Mr. Page has made in cleaning up the site. She read the Uses permitted in the original
USR permit, which includes a storage yard, and asserted the Uses are not confined to a specific
area of the property. She relayed that storage is a Use by Right in the A (Agricultural) Zone District
and argued, as such, even with the items that are still on the site, Mr. Page is now in compliance
with the USR permit. She stated the Zoning Violation letter Mr. Page received did not indicate
cc . PL('r/KN/OA)
O8/23/23
2023-0638
PL0048
HEARING CERTIFICATION - PAUL PAGE (PCSC22-0010)
PAGE 2
specifically what is not being complied with and asserted the application materials Mr. Page
submitted for the USR permit should have no bearing on what the permit was actually approved
for.
Ms. Aungst read the language on the original USR map as, "The Uses permitted on the heron
described parcel shall be an aircraft, heavy equipment and mobile home salvage and storage
yard and structures, as shown heron, and all Uses permitted by right, in the Agricultural Zone
District, as listed in the Weld County Zoning Resolution." She relayed that language was defined
by staff as, the storage yard would be related directly to aircraft, heavy equipment (related to the
aircraft) and mobile homes and confirmed that is not what is currently on the site. In response to
Commissioner Ross, regarding Ms. Keiser's reference to the request language in Mr. Page's
application, Ms. Aungst explained, older USR permits used to have language that stated, "per the
application materials on file with the Department of Planning Services," because the application
itself had the specific request details in it, not the USR permit. She stated that language was
eliminated in the late 1990s, when the case files moved to a digital format. Responding to
Commissioner James, Ms. Aungst stated the items that still need to be removed from the site
include, cargo contairers, unless they are being used to store aircraft or mobile homes materials,
stockpiles of recycled asphalt/concrete, and anything related to commercial storage.
No public testimony was offered concerning this matter.
Chair Freeman stated he believed substantial progress had been made and was in favor of
granting Mr. Page more time to continue to clean up the site and Commissioner Saine agreed. In
response to Chair Freeman, Ms. Aungst indicated the Probable Cause hearing took place on
July 25, 2022. Responding to Commissioner Buck, Ms. Keiser spoke about Mr. Page's intent for
the property and relayed a contract had been submitted regarding the potential sale of the
property to the Town of Erie, in which case they would annex the property and it would no longer
be under the jurisdiction of Weld County. She reiterated that she believes the Uses that are
currently on the property are covered by the USR permit or are a Use by Right. Responding to
Commissioner James, Ms. Aungst clarified Use by Right, versus Use by Special Review, and
relayed this is not a backyard where someone is collecting/storing a few things, this is a stockyard
used for the purpose of commercial equipment storage. Chair Freeman clarified the property will
still be under Weld County's jurisdiction until the Town of Erie annexes the property and there
was discussion about the length of a continuance.
El Commissioner James moved to continue the matter to December 6, 2023, at 9:00 a.m., to
allow Mr. Page additioial time to come into compliance with the permit. The motion was seconded
by Commissioner Saine, and it carried unanimously. In response to Commissioner James,
Ms. Aungst confirmed, if the property is annexed into the Town of Erie, prior to December 6, 2023,
a letter stating such will be accepted and no hearing will need to take place. There being no further
discussion, the hearing was completed at 11:25 a.m.
2023-0638
PL0048
HEARING CERTIFICATION - PAUL PAGE (PCSC22-0010)
PAGE 3
This Certification was approved on the 21st day of June, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
da4Ad .zigo;„k.
Weld County Clerk to the Board
.liiAu
Deputy Clerk to the Boar
EXCUSED DATE OF APPROVAL
Mike Fc epian, Chair
2023-0638
PL0048
ATTENDANCE LIST
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