HomeMy WebLinkAbout20220140.tiffHEARING CERTIFICATION
DOCKET NO. 2022-22.B
RE: SHOW CAUSE HEARING, PCSC21-0039, TO SHOW WHETHER GOOD CAUSE EXISTS
FOR REVOCATION OF USE BY SPECIAL REVIEW PERMIT, USR-1371, FOR A USE
PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW
IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (STORAGE UNITS) IN THE
A (AGRICULTURAL) ZONE DISTRICT - BENNIE RODRIGUEZ
A public hearing was conducted on February 9, 2022, at 9:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Scott K. James, Chair Pro-Tem
Commissioner Perry L. Buck — EXCUSED
Commissioner Mike Freeman
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
County Attorney, Bruce Barker
Planning Services Department representative, Chris Gathman
The following business was transacted:
I hereby certify that pursuant to a notice dated January 26, 2022, and duly published
January 28, 2022, in the Greeley Tribune, a public Show Cause hearing, PCSC21-0039, was
conducted to determine whether good cause exists for the revocation of Use by Special Review
Permit, USR-1371, for a Use Permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (storage units) in the A (Agricultural) Zone
District, held by Bennie Rodriguez. Bruce Barker, County Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the history
of the case, including the fact that Mr. Rodriguez was brought before the Board in 2021, for the
same issue. He displayed images from his February 3, 2022, site visit, stated the RV on the site,
owned by Mr. Rodriguez, was not plugged in and confirmed he did not see any evidence of
someone living onsite. He mentioned a surrounding property owner had indicated she had seen
groceries being brought to the site in the past and noted when he drove by the site the morning
of the hearing the site was closed and locked. He summarized Weld County Code
Section 2-4-50.O (Revocation or suspension of a permit or license) and expressed Staff's concern
with this being a recurring issue.
Bennie Rodriguez, permit holder, stated the car that was onsite during the February 3, 2022,
site visit (similar to the car previously found being lived in onsite) was a car he purchased for his
grandson, and it is no longer on the site.
Carole Applegarth, surrounding property owner, asked the Board, "How they would like this
next door to you?"
CC FL(TPIf(,),ENC«), Cp (813)
3114 12z
2022-0140
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HEARING CERTIFICATION - BENNIE RODRIGUEZ (PCSC21-0039)
PAGE 2
Tyler Drage, Front Range Fire Rescue, stated Mr. Rodriguez had cleaned up the site
significantly, but expressed concern with the recurrence of people living on the site. In response
to Commissioner Saine, Mr. Drage provided his ideas for managing the issue, including the
installation of an electronic gate, so Mr. Rodriguez can monitor who is accessing the site, and a
legally binding agreement stating that if it happened again Mr. Rodriguez would lose his USR
Permit.
James Stagner stated he has rented storage space from Mr. Rodriguez for 13 years. He
explained Mr. Rodriguez has installed a fence around the property and asserted the people living
onsite snuck in when the gate was open and Mr. Rodriguez didn't see them when he locked the
gate at night.
k Mr. Rodriguez responded to public comment and stated he is not sure why the neighbor saw
groceries being brought into the site, since no one is living onsite. There was discussion among
the Board and Mr. Barker regarding next steps and Chair Pro -Tern Freeman suggested continuing
the Show Cause hearing for six (6) months to see if there are additional violations during that
time. Mr. Barker explained each violation is based on specific facts of each incident. In response
to Mr. Rodriguez, Commissioner Moreno asserted that people are watching the site and he
conveyed his expectations of Mr. Rodriguez, to maintain compliance. Chair James suggested the
Board dismiss the Show Cause and reminded Mr. Rodriguez it is his responsibility to know what
is happening on his property.
Commissioner Moreno moved to dismiss the Show Cause hearing, PCSC21-0039. The
motion was seconded by Commissioner Saine, who issued a warning to Mr. Rodriguez about the
consequence of coming before the Board again for this issue. The motion carried unanimously
and there being no further discussion, the hearing was completed at 9:32 a.m.
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HEARING CERTIFICATION - BENNIE RODRIGUEZ (PCSC21-0039)
PAGE 3
This Certification was approved on the 23rd day of February, 2022.
BOARD OF COUNTY COMMISSIONERS
WEL COUNTY, COLORADO
ATTEST: �id�,/{y1i �►� •aC,lio%�
Scot K. James, Chair
Weld County Clerk to the Board
Mike Freeman, Pro -Tern
2022-0140
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