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HomeMy WebLinkAbout20223029.tiffHEARING CERTIFICATION DOCKET NO. 2022-85 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR22-0023, TO EXCEED THE MAXIMUM ALLOWED BUILDING COVERAGE (UP TO 12%) IN THE A (AGRICULTURAL) ZONE DISTRICT - ANTONIO TRUJILLO-BATALLA AND MA ERIKA GUADARRAMA A public hearing was conducted on November 9, 2022, at 10:00 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, Jan Warwick Assistant County Attorney, Karin McDougal Department of Planning Services representative, Kim Ogle Department of Public Health and Environment representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated October 3, 2022, and duly published October 5, 2022, in the Greeley Tribune, a public hearing was conducted to consider the request of Antonio Trujillo-Batalla and Ma Erika Guadarrama, for a Site Specific Development Plan and Use by Special Review Permit, USR22-0023, to exceed the maximum allowed building coverage (up to 12%) in the A (Agricultural) Zone District. Karin McDougal, Assistant County Attorney, made this a matter of record. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, and described the sign posting and the location of the site. He stated the site is within the three (3) mile referral area and Coordinated Planning Agreement area of the City of Fort Lupton, who did not return the referral response and indicated on their Notice of Inquiry form that the City is not interested in annexation of the property. He relayed the applicant has an existing access onto 14th Street, which is under the jurisdiction of the City of Fort Lupton, and the applicant requests to retain the existing accessory structures, constructed without permits. He described the building coverages, which total 4,536 square feet and comprises 12% of the subject property. Mr. Ogle stated the applicant has applied for a building permit for the garage, and the Use by Special Review (USR) permit would limit the building coverage to 12% to address the current buildings onsite, which has an active Zoning Code Violation, ZCV20-00055, which has not yet been forwarded to the County Attorney's Office. He further stated approval of this application would correct the violation, but it cannot be dismissed until the Conditions of Approval (COA) have been met, a final USR map has been recorded, and the Building Permit applications are complete and submitted to Planning Services for final approval. He shared letters of support from several surrounding property owners (SPOs) were received with the application and staff sent notice to 25 SPOs, no responses were received, and ten (10) referral agencies reviewed the case, with four (4) offering comments which are addressed in the COA and Development Standards (DS). Os'. Pt.(TPMW/Ko) i2/6/ 2 2022-3029 PL2844 HEARING CERTIFICATION -ANTONIO TRUJILLO-BATALLA AND MA ERIKA GUADARRAMA (USR22-0023) PAGE 2 Mr. Ogle entered the favorable recommendation of the Planning Commission into the record as written and displayed images of the site and surrounding views. Lauren Light, Department of Public Health and Environment, relayed the house is served by an individual well, with a septic permitted for three (3) bedrooms, which is located southeast of the residence, and Environmental Health has no outstanding issues with the request. `' Esmeralda Trujillo, daughter of Antonio Trujillo-Batalla and Ma Erika Guadarrama, applicants, translated on their behalf and expressed their desire to have the lot space approved. No public testimony was offered concerning this matter. In response to Chair James, Ms. Trujillo indicated they have reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as presented. The Board reviewed the COA and DS, as prepared by staff, and accepted the Resolution as presented. Ci Commissioner Freeman moved to approve the request of Antonio Trujillo-Batalla and Ma Erika Guadarrama for a Site Specific Development Plan and Use by Special Review Permit, USR22-0023, to exceed the maximum allowed building coverage (up to 12%) in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards, as amended. The motion was seconded by Commissioner Saine, and it carried unanimously. There being no further discussion, the hearing was completed at 10:16 a.m. 2022-3029 PL2844 HEARING CERTIFICATION -ANTONIO TRUJILLO-BATALLA AND MA ERIKA GUADARRAMA (USR22-0023) PAGE 3 This Certification was approved on the 23rd day of November, 2022. BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COLORADO ATTEST: d,m44) < x&o; '. Weld County Clerk to the Board BY: eputy Clerk to the Board Scott K. 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