HomeMy WebLinkAbout20220044.tiffHEARING CERTIFICATION
DOCKET NO. 2022-22.A
RE: PROBABLE CAUSE HEARING, PCSC21-0039, TO CONSIDER SETTING A SHOW
CAUSE HEARING TO DETERMINE WHETHER OR NOT THE APPLICANT IS IN
COMPLIANCE WITH CERTAIN CONDITIONS OF APPROVAL AND DEVELOPMENT
STANDARDS CONTAINED IN 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 January 10, 2022, at 9:00 a.m., with the following present:
Commissioner Scott K. James, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Perry L. Buck
Commissioner Steve Moreno
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
The following business was transacted:
A public Probable Cause hearing, PCSC21-0039, was conducted to consider setting a Show
Cause Hearing to determine whether or not the applicant, Bennie Rodriguez, is in compliance
with certain Conditions of Approval and Development Standards contained in 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. Bob Choate, Assistant County Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the history
of the USR and the current violations associated with people living on the property. He stated the
Department of Planning Services received an email on December 9, 2021, from Front Range Fire
Rescue Authority (FRFRA), indicating they had responded to a call for service, for someone living
onsite, and he noted pictures were provided, which indicated a car and potentially an RV were
being occupied. He also mentioned, at that time the Knox Box had not been secured with the
keys to the gate. On December 29, 2021, the Department of Planning Services received a follow
up email from Tyler Drage with the FRFRA, indicating they had been called out to the site twice
(12/9/2021 and 12/28/2021) to respond to medical emergencies. Mr. Gathman recommended a
Show Cause hearing be set.
Bennie Rodriguez, respondent, asserted he told the people living in the car they were not
welcome, but they trespassed anyway. Regarding the RV onsite, he claimed his son has been
doing repairs on it but no one lives in it. In response to Commissioner Moreno, Mr. Rodriguez
confirmed the gate remains open during the day and is locked at night and stated the person living
CC :?L(Tr/cb), EH(«), GA(se) 2021-0044
PL1619
, /14/22
HEARING CERTIFICATION - BENNIE RODRIGUEZ (PCSC21-0039)
PAGE 2
onsite used to work for him. He indicated the Knox Box was installed but never finalized.
Responding to Chair Pro-Tem Freeman, Mr. Rodriguez clarified someone from the FRFRA was
supposed to come and lock the keys in the Knox Box, but that had not happened yet.
Bruce Barker, County Attorney, confirmed the role of the Board and stated although the
Probable Cause hearing is not a public hearing, Mr. Drage may have facts, which are applicable
to the Board's decision whether or not to set a Show Cause hearing.
Tyler Drage, Front Range Fire Rescue Authority, confirmed the calls for service at the
property and indicated the gate was locked on December 9, 2021, at 3:10 a.m., therefore access
had to be obtained by the Weld County Sherriff's Office. He relayed the individuals living onsite
indicated they were given keys by Mr. Rodriguez. He also reported on December 29, 2021, at
3:22 p.m., the gate was unlocked. He explained that in the last two (2) to three (3) weeks he and
another gentleman form the FRFRA had reached out to Mr. Rodriguez several times about locking
the keys in the Knox Box, with no return calls from Mr. Rodriguez.
In the matter of a Probable Cause hearing, PCSC21-0039, Commissioner Saine moved to
find there is adequate evidence to set a Show Cause hearing, for February 9, 2022, at 9:00 a.m.,
for Use by Special Review Permit, USR-1 371, 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, based on the evidence presented by
Planning staff. The motion was seconded by Commissioner Moreno, and it carried unanimously.
There being no further discussion, the hearing was completed at 9:27 a.m.
This Certification was approved on the 24th day of January, 2022.
BOARD OF COUNTY COMMISSIONERS
WE COU TY, COLORADO
ATTEST: � k!;�
S ott K. James, Chair
W^IJ / -...-1.. / I_-1. 1_ LL_ l__ -_I
2021-0044
PL1619
ATTENDANCE LIST
/iDJ22
NAME - PLEASE ;PRINT
L
ADDRESS (CITY, STATE ZIP)
EMAIL
GOUNTY flF'
RESIDENCE
SPEAI IN(;
(YIN)?
Hello