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HomeMy WebLinkAbout20230552.tiffHEARING CERTIFICATION DOCKET NO. 2022-71.E RE: SHOW CAUSE HEARING, PCSC22-0013, TO SHOW WHETHER GOOD CAUSE EXISTS FOR REVOCATION OF MINOR AMENDED USE BY SPECIAL REVIEW PERMIT, MUSR14-0008, FOR A KENNEL TO INCREASE THE NUMBER OF DOGS ALLOWED FROM 16 TO 30 IN THE A (AGRICULTURAL) ZONE DISTRICT - SCOTT AND KRISTIN FISHER A public hearing was conducted on March 29, 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: Ei 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, PCSC22-0013, was scheduled on February 22, 2023, and rescheduled due to inclement weather and closure of County Offices. On March 1, 2023, a hearing was scheduled to determine whether good cause exists for the revocation of Minor Amended Use by Special Review Permit, MUSR14-0008, for a Kennel to increase the number of dogs allowed from 16 to 30 in the A (Agricultural) Zone District, held by Scott and Kristin Fisher, at which time the Board heard all of the testimony and statements of those present, and being fully informed, continued the hearing until March 29, 2023, to allow Mr. and Mrs. Fisher to be present. Bruce Barker, County Attorney, made this a matter of record. Ei Diana Aungst, Department of Planning Services, presented a summary of the case, which dates back to the first Probable Cause hearing on August 22, 2022, with the most recent site visit being on March 24, 2023, at which time, she discussed with the applicant the need for them to hire an engineer to address the issue on the deck and provided options for anchoring the construction trailers. Ms. Aungst also explained to the applicants they need to submit a Non -Conforming Structure Permit for the barn, which was, in turn, submitted that day. She outlined the other three (3) permits the applicants need to submit and displayed images from the January site visit, and stated conditions on the site have not changed. In response to Commissioner Ross, Ms. Aungst clarified what is still needed from the applicants/their engineer and confirmed for Commissioner Saine that staff requested the additional documentation for the Building Permits in March of 2022, and still have not received the required documentation. El Kristin Fisher, permittee, stated they have an engineer coming out on March 31, 2023, to Cc:Pu-CTp/MN/DA) 0,11i5c/.2.3 /,23 2023-0552 PL1882 HEARING CERTIFICATION - SCOTT AND KRISTIN FISHER (PCSC22-0013) PAGE 2 evaluate the deck and described the issues she had getting an engineer to review/provide As -Built drawings for the deck. Responding to Commissioner Saine, Mr. Barker clarified the deck not being permitted is a liability issue. Commissioner Ross questioned the progress of the applicants over the last year. En At the request of Commissioner Saine, Rob Adriaens, Weld County Chief Building Official, stated staff needs an As -Built Engineering Analysis on the structure (upper part of barn and deck). He relayed the primary concern is how the deck is attached to the 100 -year -old barn and explained the construction trailer needs an anchoring system to tie it down, so it does not fly or float away in the event of a tornado or flood. After discussion among staff and the Board regarding the timeframe needed to accomplish all of the outstanding items, Chair Freeman suggested a 30 -day continuance. Commissioner Saine moved to continue the matter to April 26, 2023, at 9:00 a.m., to allow Scott and Kristin Fisher additional time to address outstanding issues. The motion was seconded by Commissioner Buck, and it carried unanimously. There being no further discussion, the hearing was completed at 9:29 a.m. This Certification was approved on the 12th day of April, 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditA44) JCltD;�,�. Weld County Clerk to the Board BY: eputy Clerk to the Board Mi eeman, Chair rry . B ; , Pro-Tem EXCUSED Scott K. James EXCUSED DATE OF APPROVAL Kevin D. Ross EXCUSED DATE • APP'• Lori Saine 2023-0552 PL1882 ATTENDANCE LIST a'A-x3900 . NAME - PLEASE PRINT LEGIBLY ►DDRESS E IL RESID RESIENC@ ` SPYIN)? G {YINj? ' -141? f'dVV 3,;(01(f etg3 to f idsc-' hs f t b &R 'i Ve5 Hello