HomeMy WebLinkAbout20212750.tiffHEARING CERTIFICATION
DOCKET NO. 2021-23.E
RE: SHOW CAUSE HEARING, PCSC20-0030, TO SHOW WHETHER GOOD CAUSE EXISTS
FOR REVOCATION OF 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 September 22, 2021, at 9:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Scott K. James, Chair Pro-Tem
Commissioner Perry L. Buck
Commissioner Mike Freeman
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
County Attorney, Bruce Barker
Planning Services Department representative, Chris Gathman
The following business was transacted:
Eli I hereby certify that pursuant to a notice dated March 10, 2021, and duly published March 12,
2021, in the Greeley Tribune, a public Show Cause hearing, PCSC20-0030, was conducted on
March 24, 2021, to consider whether good cause exists for the revocation of 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, held by Bennie Rodriguez. On March 24, 2021, the Board heard all of the testimony
and statements of those present, and being fully informed, continued the hearing until April 7,
2021, to allow Mr. Rodriguez additional time to evict all persons living in campers on the property
and install a lock on the entrance gate. On April 7, 2021, the Board heard all of the testimony and
statements of those present, and being fully informed, continued the hearing until July 14, 2021,
to allow Mr. Rodriguez additional time to construct a fence and gate, per the specifications on the
USR map. On July 14, 2021, the Board heard all of the testimony and statements of those present,
and being fully informed, continued the hearing until September 22, 2021, to allow Mr. Rodriguez
additional time to finish the fence and install a security gate.
El
Chris Gathman, Department of Planning Services, presented a brief summary of the case
and outlined the progress on the site since the last hearing. He displayed images from his site
visit on September 15, 2021, noted Mr. Rodriguez has ordered a Knox Box for the gate and he is
waiting for it to arrive. He described the fencing that has been installed since the last hearing and
noted, as of his site visit date, there is a portion that still needs to be installed along the south
property line. He relayed there are no new RVs or trailers on the property, only the one (1)
unoccupied RV that was previously existing. He stated there are vehicles onsite, and noted
Mr. Rodriguez stated three (3) are employee vehicles and the rest are owned by him.
Mr. Gathman mentioned a complaint received from surrounding property owner, Ms. Applegarth,
about a white van parked on the property, confirmed he did not see the van during his site visit
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HEARING CERTIFICATION - BENNIE RODRIGUEZ (PCSC20-0030)
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and recommended a 30 -day continuance to allow Mr. Rodriguez time to install the rest of the
fence and the Knox Box on the gate.
le Bennie Rodriguez, property owner, stated he is considering putting a gate on the northwest
side of the property to use in case of an emergency, in addition to the existing front gate.
el Tyler Drage, Front Range Fire Rescue Authority (FRFRA), stated he drove by the property
this morning, the southern fence is complete, the northwest corner is completely open, and the
FRFRA is fine with Mr. Rodriguez installing either a fence or a gate in this area. He confirmed
after the Knox Box is installed the FRFRA will place keys in it and lock it.
In response to Commissioner James, Mr. Gathman used an aerial map to clarify where
Mr. Rodriguez wants to put the new gate and the Board discussed dates for the continuance.
In the matter of Show Cause hearing, PCSC20-0030, concerning 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, held by Bennie Rodriguez, Commissioner Saine moved to continue the matter to
October 27, 2021, at 9:00 a.m., to allow Mr. Rodriguez to finish the fence and install the Knox Box
on the gate, and it was seconded by Commissioner James. Commissioner Buck and
Chair Moreno thanked Mr. Rodriguez for working hard to improve the site, and the motion carried
unanimously. There being no further discussion, the hearing was completed at 9:28 a.m.
This Certification was approved on the 6th day of October, 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d�,A) c Xp;ok
Weld County Clerk to the Board
BY:
4
eputy Clerk to the :oard
EXCUSED DATE OF APPROVAL
Stev- Moreno, Chair
EXCUSED DATE OF APPROVAL
ike Freeman
Lori Sai
2021-2750
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