HomeMy WebLinkAbout20223195.tiffHEARING CERTIFICATION
DOCKET NO. 2022-71.C
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 November 28, 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 — EXCUSED
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
Assistant County Attorney, Karin McDougal
Planning Services Department representative, Diana Aungst
The following business was transacted:
(Clerk's Note: Due to technical difficulties, there is no audio associated with this hearing.)
A public Probable Cause hearing, PCSC22-0013, was conducted on August 22, 2022, 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. At said hearing the Board continued the matter
to November 16, 2022, to allow the Fishers adequate time to work with the Department of
Planning Services and the Weld County Building Inspection Department to obtain the proper
permits. At said hearing on November 16, 2022, the Board moved to continue the hearing to
November 28, 2022, to allow the permittees to be present. Karin McDougal, Assistant County
Attorney, made this a matter of record.
Diana Aungst, Department of Planning Services, provided a brief summary of the case, indicating
the permittees have not submitted the required permits/documentation, following the Probable
Cause hearing on August 22, 2022. She stated two (2) Building Permits, CMN22-0019 and
ASN22-0053, were issued on October 17, 2022, for the cargo containers and the Building
Inspector will verify the setbacks. She noted the Setback exhibit, submitted by the permittees on
September 28, 2022, shows the barn is not in the right-of-way, but is in the setback; therefore,
staff is requiring a Nonconforming Structure permit application, which has yet to be submitted.
Ms. Aungst explained Building Permit, CMA22-0029, for the nine (9), by 24 -foot uncovered deck
and stairs, is on hold pending an As -Built engineering analysis of the foundation and deck
structure. She also mentioned a Change of Use permit and engineering analysis is needed for
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HEARING CERTIFICATION - SCOTT AND KRISTIN FISHER (PCSC22-0013)
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the barn, due to the interior remodel on the upper level. Regarding the construction trailer that
was added to the site in 2018, Ms. Aungst indicated a Building Permit needs to be submitted and
the construction trailer is required to have an engineered foundation. She recommended a Show
Cause hearing be set for January 11, 2023, and displayed images of the site, taken in November
2022.
Kristin Fisher, permittee, stated she is unclear what needs to be done and relayed she will need
to sit down with staff to find out exactly what she needs to do to rectify the situation.
Scott Fisher, permittee, asserted the construction trailer, which is used only for storage of dog
supplies, was donated by an oil and gas company and questioned how they are supposed to pour
a foundation for an existing structure. He also questioned how oilfield personnel lived in the
structure for eight (8) years, during which time it was not on a foundation. Ms. Aungst explained
Code violations are complaint driven, and Mrs. Fisher asserted the complaint came from a
disgruntled volunteer.
In response to Commissioner Freeman, Ms. Aungst explained a foundation is required because
the construction trailer is considered a commercial accessory building, due to it being used for
the business, and elaborated that conex containers and construction trailers are considered
different uses and have different permitting requirements. Mr. Fisher reiterated the purpose of the
construction trailer and relayed the dog rescue is a non-profit organization and rescued
approximately 2,500 dogs last year.
Chair James explained that the Weld County Code dictates all permitting requirements and
Ms. McDougal reminded the Board the purpose of this hearing is to determine if Probable Cause
exists to set a Show Cause hearing. Mrs. Fisher indicated that Mr. Fisher built the deck and stairs,
which were examined by a volunteer who is a structural engineer by trade, but he was unable to
determine how the structures were attached, therefore, was unable to sign off on them. After
much discussion, the Board decided to set the Show Cause hearing for February 22, 2023,
allowing the Fishers additional time to work with the Department of Planning Services to come
into compliance with their USR.
In the matter of Probable Cause hearing, PCSC22-0013, Commissioner Freeman moved to find
there is adequate evidence to set a Show Cause hearing, for February 22, 2023, at 9:00 a.m.,
concerning 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, based on the evidence presented by Planning staff. The motion was
seconded by Commissioner Saine, and it carried unanimously. There being no further discussion,
the hearing was completed at 10:10 a.m.
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HEARING CERTIFICATION - SCOTT AND KRISTIN FISHER (PCSC22-0013)
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This Certification was approved on the 12th day of December, 2022.
BOARD OF COUNTY COMMISSIONERS
WELjp COUNTY, COLORADO
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Weld County Clerk to the Board
puty Clerk o the Board
Scstt K. James, Chair
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