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HomeMy WebLinkAbout20223194.tiffRESOLUTION RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING, PCSC22-0013, CONCERNING MINOR AMENDED USE BY SPECIAL REVIEW PERMIT, MUSR14-0008 - SCOTT AND KRISTIN FISHER WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on the 22nd day of August, 2022, a Probable Cause Hearing was held before the Board to consider setting a Show Cause Hearing to determine whether or not Scott and Kristin Fisher, 32614 County Road 23, Windsor, Colorado 80550, were 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, and WHEREAS, the alleged violations were said to be occurring on property being further described as follows: Lot B of Recorded Exemption, RECX15-0100; being part of the E1/2 NE1/4 of Section 23, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing on August 22, 2022, the Board heard all of the testimony and statements of those present and reviewed the request of the applicant for a continuance and, having been fully informed, deemed it advisable to continue the matter to November 16, 2022, at 9:00 a.m., to allow Scott and Kristin Fisher adequate time to work with the Department of Planning Services and the Weld County Building Inspection Department to obtain the proper permits, and WHEREAS, on November 16, 2022, the Board heard all of the testimony and statements of those present and, having been fully informed, the matter continued the matter to November 28, at 9:00 a.m., to allow the permittees to be present, and WHEREAS, on November 28, 2022, after hearing testimony from the Department of Planning Services, the Board finds that pursuant to the procedure as set forth in Chapter 2 Administration, of the Weld County Code, there is sufficient Probable Cause to schedule a Show Cause Hearing to consider whether or not said Minor Amended Use by Special Review Permit should be revoked for failure to comply with certain Development Standards, and WHEREAS, the Board shall hear evidence and testimony from all interested parties at said Show Cause Hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Minor Amended Use by Special Review Permit, MUSR14-0008, issued to Scott and Kristin Fisher, should be revoked. CC :PL(TP/ sbJ /DP'), CA(KM) oi/17/23 2022-3194 PL1882 SET SHOW CAUSE, PCSC22-0013 - SCOTT AND KRISTIN FISHER (MUSR14-0008) PAGE 2 BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing shall be February 22, 2023, at or about 9:00 a.m., in the Assembly Room of the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. BE IT FURTHER RESOLVED by the Board that the issue to be considered at said Show Cause Hearing is whether or not the permit holders are in compliance with the following Development Standards: 21. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 26. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 27. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of November, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WECOUNTY, COLORADO ATTEST: W., G •�C,lr�o%� Scott K. James, Chair Weld County Clerk to the Board ounty A t• ney Date of signature: t2/i2/22 2022-3194 PL1882 MEMORANDUM To: Board of County Commissioners From: Diana Aungst, Planner II PCSC22-0013 - Probable Cause Hearing to determine if Subject: applicant is in compliance with MUSR14-0008 - kennel for 30 dogs (Scott and Kristie Fisher) November 28, 2022 (continued from August 22, 2022, Date: and November 16, 2022) PROBABLE CAUSE CASE SUMMARY CASE NUMBER: PCSC22-0013 PROPERTY OWNER: Scott and Kristin Fisher BUSINESS: Big Bones Canine Rescue Service, Inc. SITUS: 32614 County Road 23, Windsor, CO 80550 PARCEL NUMBER: 0807-23-1-00-003 LEGAL Lot B of Recorded Exemption RECX15-0100 being a part of Section 23, T6N, DESCRIPTION: R67W of the 6th P.M., Weld County, CO TOTAL ACREAGE: +1- 9.5 acres ZONING: A (Agricultural) LOCATION: East of and adjacent to County Road 23, approximately 1700 feet south of Highway 392 Pursuant to Chapter 2, Article IV, Section 2-4-40 of the Weld County Code, a Probable Cause public hearing is requested before the Board of County Commissioners. Timeline: Sept. 25, 2006 BCN-060382 for a new 2,325 sf residence. A letter of intent was required to convert the existing residence to storage. Oct. 25, 2006 VI -0600469 a code violation case was started due to a kennel on the site without permits. April 26, 2007 USR-1596 was approved for a 16 -dog maximum kennel and the violation was closed. April 23, 2008 BCR08-00314 Change of Use for an existing 448 sf addition to the barn. The construction was finished prior to the building permit being issued. Included 6 kennels. (Note: Ensure the 2nd house on the property has been converted to storage.) Sept. 6, 2013 COMP13-00248 Complaint of large amounts of RVs being stored on the site and PACFA indicated that there were at least 22 dogs on which exceeded the 16 -dog limit. PCSC22-0013 — Fisher Page 1 of 4 Sept. 18, 2013 March 17, 2014 July 6, 2015 Sept. 14, 2021 Sept. 20, 2021 PCSC13-0008 land use violation opened due to the RV storage and the addition of more dogs than allowed under USR-1596. MUSR14-0008 recorded increasing the number of dogs to 30. Per the applicant the RV storage is for friends and family and they are not receiving any payment for the storage of these RVs. Recorded RECX15-0100 and reduced the size of the property to about 10 acres. PCSC21-0038 land use violation opened due to the existence of more than the allowed number of dogs on the site. Per a site inspection the number of dogs was in compliance, but it was noted that there were additional buildings and a new deck/staircase on the site. COMP21-00316 / BCV21-00061: a building violation was opened due to the construction of the deck with no building permits. Additionally, no building permits were located for the cargo containers. March 7, 2022 Building permits submitted (all are on hold): June 17, 2022 June 27, 2022 July 6, 2022 July 7, 2022 August 1, 2022 August 1, 2022 August 9, 2022 CMA22-0019 for a cargo container to used for the business. Not intended to be used for the housing of animals. This cargo container does not meet the setback from CR 23. ASN22-0053 Cargo container for personal storage. The required setback from the ditch is 75 feet and the cargo container is currently about 30 feet from the ditch. CMA22-0029 9x24 uncovered deck added to commercial building which was built in 1920. The 1920 barn is 20 feet from CR 23. The required setback is 60 feet. PCSC22-0013 land use violation opened due to the buildings requiring building permits and the possible requirement for an Amendment to the USR. The initial Probable Cause letter was sent to the applicant certified mail. The applicant called the Department of Planning Services and after a brief conversation with staff indicated that she would submit the PreApplication Request form and as of August 9, 2022, no PreApplication Request form has been received. A certified mailing receipt was received by staff on, which indicated that the initial Probable Cause certified letter had been signed for on June 30, 2022, by the applicant. The deadline on the June 27, 2022, letter was June 30, 2022. It was noted, per Google mapping program, that there is a Laser Engraving Designs business on the site. The Probable Cause notification letter was sent to the property owners to meet the notification requirements of Chapter 2, Article IV, Section 2-4-40.E.1. In a phone conversation with Ms. Fisher she indicated that she had misplaced the PreApplication form and asked that I sent it to her via email so she could fill it out. The form was sent. PCSC22-0013 — Fisher Page 2 of 4 Background: June 10, 2014 Approval of MUSR14-0008 administratively by the Department of Planning Services for: A Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit No. 1596 (kennel for 16 dogs of a non -specified breed) to increase the number of dogs allowed from 16 to 30. September 11, 2014 The MUSR14-0008 map was recorded under reception #4045051 February 29, 2016 Partial Vacation of MUSR14-0008 map recorded under reception #4184030 Summary: Some of the existing structures on the site require building permits and others require Change of Use permits to be used commercially for the kennel. There is new construction in the form of a new deck attached to the kennel/barn on the site that also requires a building permit. Any other new construction will also require building permit. A Minor Amendment to the USR and may be required depending on the extent of the changes to the site. There is at least one (1) construction trailer on the site (possibly three (3)) that appears to be stored rather than utilized for a business. There is also a Laser Engraving business possibly located on the site that requires a land use permit. MUSR14-0008 Development Standards #21, 26, and 27 state: 21. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 26. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 27. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. Update November 28, 2022 The Probable Cause hearing was held on August 22, 2022 and continued in order to give the applicant additional time to submit the required documentation for the building and land use permits. On August 22, 2022 the applicant submitted a PreApplication request form and the PreApplication meeting was held on September 8, 2022. The applicant submitted a PreApplication request form on August 22, 2022, and the PreApplication meeting was held on September 8, 2022. The two (2) building permits for the cargo containers, CMN22-0019 and ASN22-0053, were issued on October 17, 2022. The building inspector will verify the setbacks. Staff required a setback exhibit that would clearly show if the barn was located in the right-of-way for CR 23. The exhibit was submitted on September 28, 2022 and shows that the barn is outside of the right-of- way but still in the setback. Staff is requiring a Nonconforming Structure permit application be submitted for this encroachment into the setback. This is a free application. This Nonconforming Structure permit has not yet been submitted. A building permit, CMA22-0029, was submitted in March of 2022 for the 9' x 24' uncovered deck and stairs. This building permit on hold pending an as -built engineering analysis for foundation and deck structure. A PCSC22-0013 — Fisher Page 3 of 4 Change of Use permit and an as -built engineering analysis is required for the barn due to the interior remodel on the upper level. No Change of Use permit has been submitted. The large construction trailer (48' x 50'), that was added to the site in 2018 or so, is being used for the storage of dog food and other dog related items. Staff is requiring a building permit be submitted to permit the construction trailer as a commercial accessory building for commercial storage. The construction trailer is required to have an engineered foundation. No permit application has been submitted for these modular trailers. The Nonconforming Structure and required building permits have not been submitted nor has the required structural engineering analyses of the deck, deck footings and upper floor of the barn. Staff asked the applicant to submit the required documents by November 15, 2022. Staff recommendation: The role of the Board of County Commissioner in this Probable Cause hearing is to review the property, for compliance with the terms of the MUSR, to determine if probable cause exists to hold a hearing on revocation of the MUSR permit. If it is determined at the Probable Cause hearing that there is probable cause that the property is not in compliance with the MUSR, the Board of County Commissioners will schedule a Show Cause hearing to consider revocation of the Permit. Per Section 2-4-40.C of the Weld County Code: "Probable cause is defined as a reasonable ground for belief in the existence of evidence supporting the allegations of violations of the Weld County Code." Per Section 2-4-40.D of the Weld County Code: "At the conclusion of the presentation of evidence, the Board of County Commissioners shall make an oral decision. The decision shall be to either dismiss the case, continue the case to a time specified in the future or to set the case for a formal show -cause or other type hearing at a time specified in the future." Department of Planning Services staff believes that probable cause has be found in this situation, that the property is not compliant with the approved MUSR. Therefore, Department of Planning Services recommends that a formal Show Cause hearing be scheduled to consider revocation of the MUSR, should compliance not be reached by the date of the Show Cause hearing. Planning staff recommends scheduling the Show Cause hearing on January 11, 2023. PCSC22-0013 — Fisher Page 4 of 4 PCSC22 0013 Probable Cause November 28, 2022 (Continued from August 22, 2022, and November 16, 2022) Owner: Scott and Kristin Fisher Situs: 32614 CR 23, Windsor, CO 80550 Legal Description: Lot B of Recorded Exemption RECXIS-0100 being a part of Section 23, T6N, R67W of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 23 and approximately one-half mile north of County Road 66 (Eastman Park Drive) Vicinity Map Photo November 2022 Construction trailer on the site. Building permit required. Photo November 2022 Deck on the south side of the barn. Building permit on hold because an engineering analysis is required. 1 ;401 Image from Google i Potentia Probable Cause courses of action • Dismissal (no probable cause found) • Continue Probable Cause to later hearing date • Schedule for Show Cause hearing on January 11, 2023 The remaining presentation is from August 22, 2022. Timeline Sept. 25, 2006 BCN-060382 for a new 2,325 sf residence. A letter of intent was required to convert the existing residence to storage. Oct. 25, 2006 VI -0600469 a code violation case was started due to a kennel on the site without permits. April 26, 2007 USR-1596 was approved fora 16 -dog maximum kennel and the violation was closed. April 23, 2008 BCR08-00314 Change of Use for an existing 448 sf addition to the barn. The construction was finished prior to the building permit being issued. Included 6 kennels. (Note: Ensure the 2nd house on the property has been converted to storage.) Sept. 6, 2013 COMPI3-00248 Complaint of large amounts of RVs being stored on the site and PACFA indicated that there were at least 22 dogs on which exceeded the 16 -dog limit. Timeline S ept. 18, 2013 March 17, 2014 July 6, 2015 S ept. 14, 2021 PCSCI3-0008 land use violation opened due to the RV storage and the addition of more dogs than allowed under USR-1596. MUSRI4-0008 recorded increasing the number of dogs to 30. Per the applicant the RV storage is for friends and family and they are not receiving any payment for the storage of these RVs. Recorded RECXI 5-0100 and reduced the size of the property to about 10 acres. PCSC2I-0038 land use violation opened due to the existence of more than the allowed number of dogs on the site. Per a site inspection the number of dogs was in compliance, but it was noted that there were additional buildings and a new deck/staircase on the site. S ept. 20, 2021 COMP2I-00316 / BCV2I-00061: a building violation was opened due to the construction of the deck and the addition of other buildings on the site with no building permits. Additionally, no building permits were located for the cargo containers. Timeline March 7, 2022 Building permits submitted (all are on hold): CMA22-0019 for a cargo container to used for the business. Not intended to be used for the housing of animals. This cargo container does not meet the setback from CR 23. ASN22-0053 Cargo container for personal storage. The required setback from the ditch is 75 feet and the cargo container is currently about 30 feet from the ditch. CMA22-0029 9x24 uncovered deck added to commercial building which was built in 1920. The 1920 barn is 20 feet from CR 23. The required setback is 60 feet. June 17, 2022 PCSC22-0013 land use violation opened due to the buildings requiring building permits and the possible requirement for an Amendment to the USR. June 27, 2022 The initial Probable Cause letter (PCSC22-0013) was sent to the applicant certified mail. Timeline July 6, 2022 July 7, 2022 The applicant called the Department of Planning Services and after a brief conversation with staff indicated that she would submit the PreApplication Request form and as of August 9, 2022, no PreApplication Request form has been received. A certified mailing receipt was received by staff on, which indicated that the initial Probable Cause certified letter had been signed for on June 30, 2022, by the applicant. The deadline on the June 27, 2022, letter was June 30, 2022. August 1, 2022 It was noted, per Google mapping program, that there is a Laser Engraving Designs business on the site. August 1, 2022 The Probable Cause notification letter was sent to the property owners to meet the notification requirements of Chapter 2, Article IV, Section 2-4-40.E.1. August 9, 2022 In a phone conversation with Ms. Fisher she indicated that she had misplaced the PreApplication form and asked that I sent it to her via email so she could fill it out. The form was sent. IlitliUtillilltIf11111111!li ifiIII 1 ii l ! 1 V A D tiE . Ann UM' 11 tilo¢__ USE BY PE IAL AElEw-- 1596 e' . ler tor LOT A. 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Few oegtrrpntemi arid of MS errs led iarlMS MSS iiatar'a pour fir girt+ era Wit, tout' Weed *saw Ili., i t*IS itda p.d eta landau non, trims term lbw wine teen, , wed wen burring 'smut end ttruma r'.c irrs-ml9 ohlt e.'s.atlrol a Y Ynpot4erti. nrll n-fr for their seedy. Fitt Mr fi r a,ra 1Mtalielen DI lit lieeei>+w bhtBF.xCd M U S R 14-0008 (2014) Barn / Kennel RUST Cargo container a jai cl r I .1 1 S. I til Attie as ja House f kcjite ICI° a"q N wo es4r �. Sheds Dog building sibt* icifz-7tom nar Cat house 471i 'Cl.ra? LA- re Prreef • •i *R* it ..i — iar� V471Eti r a Garage and hay barn 2 -story house --I Caoheria 3610 Art ape Greeiey 02 Ditch The MUSR18-0004 was a request for 30 dogs. Cats and a 2nd home were not a part of the request. RV Storage OWENS WII M U S R 14-0008 Partial Vacation (2016) Barn / Kennel WM% se i a ■ aatiairei I i Cargo container Mt .01r.nrie ides, ion!" IlLeMacteme cal csaifiLmers at tow House tfl rairie gr. Sheds Acre t� L Cat house Dog building Garage and hay barn 2 -story house ht. 1 i an e�� Lot $ lte RECX15-OiOO 9.545 Acres 'As 1 jt alt RV Storage icy 40, f CS la The cargo containers outlined in blue is required to meet the setbacks and offsets and a building permit must be submitted. Aerial imagery 2021 The blue outline shows storage of construction trailers. Images from GooIe) Photo August 3, 2022 Storage of construction trailers on the site. Laser Engraving Designs Images from Google Laser Engraving Designs (business) is shown on Google maps to be located on the site. http :I/ni elo atcom colorado :) utility_service :) laser.... 4 t Laser Engraving Designs - Household. services in Colorado Laser Engraving Designs,: photos and 1 review on Nicelocal.com. Contact details.... Mon -Fri: 9AM 6PM. Address. Windsor, Co 80550: 32614 Co Rd 23, Laser Engraving Designs is located in Weld County of Colorado state. On the street of County Road 23 and street number is 32614 To communicate or ask something with the place, the Phone number is (970) 412-2394. The coordinates that you can use in navigation applications to get to find Laser Engraving Designs quickly are 40.474205 .,-104.8551166 _VILA A li t r I Laser Engraving Designs ` �II 1 J _) L f Cc, ltd lit 5_ ,_i . VI/ ndso Primary Residence Building permit BCN-060382 September 2006 J =7F. Picture from the Weld County Assessor's property report Original residence The applicant submitted a letter when the primary residence was constructed that this original residence would be converted to storage. There is no permit on the site for two homes. ;17; --_ 444. .6'4_ P 1 104 ' }�1 " 4 tit i ♦ . Amiss *Via =1--Nro t1......eT a net..i -I . ` . - ramp ry Picture from the Weld County Assessor's property report Kenne i Barn used as a kennel and the addition on the east side which was constructed in 2008. D. ._t Picture from the Weld County Assessor's property report Misc sheds on the site Pictures from the Weld County Assessor's property report Photo August 3, 2022 Shed being used as a kennel requires a Change of Use building permit. r, a•r. ash i. 'fiJ t e r.. J'"', �.� — • a _ _ `t t 5ea itep . •_k 41 • • S Photo September 22, 2013 RVs stored on site as of September 2013 From the questionnaire for MUSR14-0008 \1/4.(etkroA.A A:5 l_is t- e- it %Or be_it Ncs+ ric- J C ()Lantz+ II .N., -Lt S (ti -Lea ,_ s aire I Potentia Probable Cause courses of action • Dismissal (no probable cause found) • Continue Probable Cause to later hearing date • Schedule for Show Cause hearing on September 19, 2022 END OF PCSC22 0013 Hello