HomeMy WebLinkAbout20222353.tiffHEARING CERTIFICATION
DOCKET NO. 2022-71.A
RE: PROBABLE CAUSE HEARING, PCSC22-0013, TO CONSIDER SETTING A SHOW
CAUSE HEARING TO DETERMINE WHETHER OR NOT THE PERMITTEE IS IN
COMPLIANCE WITH CERTAIN DEVELOPMENT STANDARDS, FOR A SITE SPECIFIC
DEVELOPOMENT PLAN AND 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 August 22, 2022, at 9:00 a.m., with the following present:
Commissioner Scott K. James, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Perry L. Buck — EXCUSED
Commissioner Steve Moreno — EXCUSED
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:
ET A public Probable Cause hearing, PCSC22-0013, was conducted to consider setting a Show
Cause Hearing to determine whether or not the permittees, Scott and Kristin Fisher, are in
compliance with certain Development Standards contained in 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. Bruce Baker, County Attorney, made this a matter of record.
Diana Aungst, Department of Planning Services, provided the general location of the site
and outlined the timeline of the case, including the current and previous violations. She stated,
with regard to the Recreational Vehicles (RVs) being stored onsite, the applicant indicated they
belong to friends and family and they are not receiving money to store them. She relayed, there
was an inspection of the site in 2021, to determine if the number of dogs allowed was being
exceeded. It was determined they did not exceed the number of dogs allowed; however, there
was a new deck, built without a permit, added to an existing barn/kennel. She confirmed the
Building Inspections Department has since received Building Permit applications for the deck and
two (2) cargo containers, but the permits are on hold due to incomplete applications. Ms. Aungst
asserted the permittee submitted a pre -application form to the Department of Planning Services
on August 21, 2022, and relayed some of the structures on the site require Building Permits while
others require Change of Use Permits to be used commercially for the dog kennel. She referenced
an email from the Building Inspections Department, which outlined the requirements for the
approval of the Building Permit for the deck and requested a survey to determine if the structures
meet the required setbacks. She stated the Department of Planning services recommended a
Show Cause hearing be scheduled for September 19, 2022, and displayed the site maps and
photos of the site.
cC: PL(TP/MN /DA), c,a OM)
9 /2g/22
2022-2353
PL1882
HEARING CERTIFICATION - SCOTT AND KRISTIN FISHER (PCSC22-0013)
PAGE 2
Kristin Fisher, property owner, stated she has a dog rescue on the property and relayed the
small outbuildings were on the property when they purchased it and they are now used for
kenneling. She mentioned the three (3) conjoined construction trailers on the site were donated,
are not on a foundation and are used for storage of dog food and other supplies. In response to
Chair James, Ms. Fisher stated she is willing to bring the site into compliance and responding to
Commissioner Freeman, Ms. Aungst reiterated why the Building Permit applications were on hold,
explained a survey needed to be submitted to verify the accuracy of the setback of the deck and
as -built drawings for the deck are required to determine if it meets code.
i---' Scott Fisher, property owner, indicated he provided hand drawn plans of the deck to the
Department of Planning Services and discussed the possibility of moving certain structures to
meet the setbacks. He stated the deck is flush with the barn, indicated he has been in construction
for 30 years and acknowledged he built the deck without obtaining a permit, as he did not know
he needed a permit for a deck. He reiterated the construction trailers were donated and relayed
the dog rescue does not make money, therefore, they cannot afford to have a professional provide
drawings and a survey.
Ms. Aungst again referenced the email from the Building Inspection Department and relayed
the requirements for Building Permits for a commercial property. In response to
Commissioner Freemen, Mr. Fisher explained the deck has posts concreted four (4) feet into the
ground and is attached to the ledger board of the existing barn.
Ei Chair James explained the process of Probable Cause and Show Cause hearings and the
Board discussed continuing the Probable Cause hearing for 90 days.
In the matter of Probable Cause hearing, PCSC22-0013, Commissioner Freeman moved to
continue the matter to November 16, 2022, at 9:00 a.m., to allow the permittees adequate time to
work with the Department of Planning Services and the Weld County Building Inspection
Department to obtain the proper permits. The motion was seconded by Commissioner Saine, and
it carried unanimously. There being no further discussion, the hearing was completed at 10:03
a.m.
2022-2353
PL1882
HEARING CERTIFICATION - SCOTT AND KRISTIN FISHER (PCSC22-0013)
PAGE 3
This Certification was approved on the 7th day of September, 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: deaf/O G JC,lto:,,k
Weld County Clerk to the Board
BY:
eputy Clerk t• the Board
Scott K. James, Chair
WSG()_e_.- i
• Mike Freeman, Pro-Tem
EXCUSED
Perry L. Buck
EXCUSED
Steve Moreno
Lori Saine
2022-2353
PL1882
ATTENDANCE LIST
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