HomeMy WebLinkAbout20210883.tiffHEARING CERTIFICATION
DOCKET NO. 2021-23.B
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 March 24, 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
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
The following business was transacted:
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 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.
e Chris Gathman, Department of Planning Services, presented a brief summary of the case,
which included a complaint from the Front Range Fire Rescue Authority (FRFRA), citing people
living onsite in two (2) RVs/campers. He stated he had had significant communication with the
property owner since the Probable Cause hearing on February 24, 2021, and indicated he had
met with the owner, onsite, the day prior. He relayed one camper had been demolished since the
Probable Cause hearing and stated Mr. Rodriguez indicated the other camper would be
demolished that day (the day of the Show Cause hearing). He mentioned the FRFRA personnel
had visited the site the morning of the Show Cause hearing and had concerns that people may
still be living onsite, as well as the lack of security, due to the entrance gate being left open. He
explained the property owner had removed several vehicles from the site but there were seven
(7) to eight (8) vehicles, still onsite, which he does not own. Mr. Gathman showed recent photos
of the site, outlined the Board's options of how they could proceed and recommended the Show
Cause hearing be continued for two (2) to (3) weeks to allow the property owner time to remove
all of the commercial vehicles and allow staff time to verify the second RV/camper has been
removed/demolished. Commissioner Freeman recalled the reason the Board scheduled the Show
Cause hearing for 30 days after the Probable Cause hearing was due to the concern of people
living on -site in RVs/campers, and stated there was not an eminent concern about the onsite
commercial vehicles.
eL C c,c:171-0 cac sc..)
y/P/aoai
2021-0883
PL1619
HEARING CERTIFICATION - BENNIE RODRIGUEZ (PCSC20-0030)
PAGE 2
e Bennie Rodriguez, property owner, reiterated one camper had been demolished and
confirmed the other was scheduled to be demolished that day. He denied anyone was living in
the RV and when presented with FRFRA's assertion that someone was still living onsite, he
indicated he was not aware of it.
▪ Tyler Drage, Front Range Fire Rescue Authority, stated he drove by the facility prior to the
hearing and witnessed extension cords running to one RV unit, as well as several personal
vehicles, which appear to belong to contract laborers who may be living in any number of the RV
units onsite. He reiterated his concern about the lack of security, due to the gate being left open,
and the opportunity for transient visitors to use the site as a place of residence, which poses a
life/safety risk on the site. He re -stated the number of personal vehicles and indicated people may
be living in the other RVs/campers onsite.
e Carole Applegarth, surrounding property owner, stated she had lived adjacent to the site
since 1996, and indicated she initially supported Mr. Rodriguez's USR application for storage
units in 2002. She explained the fence is an eyesore, there are high piles of dirt, which obstruct
her view of the mountains, there are piles of wood and debris, and indicated the camper had been
lived in for several years. She went on to say she has heard music and fireworks late at night,
there was a backhoe running on the property at 9:30 p.m, and there are two (2) delivery trucks
that have sat outside the storage units, unmoved, for several years. She asserted the site has
devalued her property, poses safety issues, and mentioned the photos she submitted via
email (Exhibit A).
e In response to Chair Moreno, Mr. Rodriguez stated he can clean up the site, with the
exception of his construction business materials, if he is granted additional time. Mr. Choate
explained the Board's options and the repercussions of each. Responding to
Commissioner James, Mr. Gathman explained the USR was granted for storage units and
confirmed commercial storage is not allowed by the USR. He stated, as a Use by Right
Mr. Rodriguez is allowed to store personal items and have a non-commercial junk yard, as long
as it is screened. The Board discussed what options they were considering and decided to
continue the hearing for two (2) weeks. In response to Chair Moreno, Mr. Rodriguez said he will
try his best to get the people and commercial vehicles off of the property. Chair Moreno made
clear the Board's expectation that no people be living on the site by the next hearing and the gate
needs to be closed and locked to keep people out of the site. Mr. Rodriguez confirmed the people
living in the two RV/camper units in question were his employees, living there with his permission,
and reiterated they will be gone by the next hearing.
In the matter of Show Cause hearing, PCSC20-0030, Commissioner James moved to
continue the matter 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, to April 7, 2021, at
9:00 a.m., to allow Mr. Rodriguez additional time to evict all persons living on the property and
install a lock on the entrance gate. The motion was seconded by Commissioner Saine.
Chair Moreno reiterated to Mr. Rodriguez the severity of the situation and the Board's expectation,
and the motion carried unanimously. There being no further discussion, the hearing was
completed at 10:01 a.m.
2021-0883
PL1619
HEARING CERTIFICATION - BENNIE RODRIGUEZ (PCSC20-0030)
PAGE 3
This Certification was approved on the 29th day of March, 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: v.� WJ •,d40;ek
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
Stev
oreno
hair
S ott C James, Pro-Tem
Perry L.
Mike Freeman
LoriSain
2021-0883
PL1619
ATTENDANCE LIST
\ 'DiA r
NAME - PLEASE PRINT
LEGIBLY
ADDRESS (CITY, STATE ZIP)
EMAIL
COUNTY OF
RESIDENCE
SPEAKING
(YIN)?
'l `
W
Be_, e', e- ae i d A.
3 O - Avr,
�
-',,o42_/.1.
S
"km -O\ e- N‘Ocv‘cv,i,
1A'...',,O '-\"“"` -%-k---
c-c5c--\k/
Sow j �-�!
O W t L-Li'��SLPV
�v%�"'�
3� ) 3 Ktlioz Avg t�ze
�, '�
awl �uieA -�a6�>E-I' � �
.i)
ry a
gfe,0,2_ 7e:el-S.
i d . 6Ok 9\2.
ti/-eL-0
ggiz..
otAA
H.� O sfi r
vas
WI
7 rptelik
\L ?I-Orter° V
k IJK/�
Wetri
V
!
I qua t iUak04-7cL
f o t 5. I: gme eliie ill. ill( -et
KA4t. al-,_ a) ,F-x/X . e 6)
G. Qi-2.L-ve.2
%V'
Hello