HomeMy WebLinkAbout20212060.tiffHEARING CERTIFICATION
DOCKET NO. 2021-23.D
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 July 14, 2021, at 9:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Scott K. James, Chair Pro -Tern
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 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.
le Chris Gathman, Department of Planning Services, provided an update of the progress on the
site since the last hearing, stating Mr. Rodriguez has installed fencing and screening on the west
and south property lines, and described future plans for a canopy to store personal items. He
displayed images and relayed Mr. Rodriguez has cleaned up the site quite a bit, including
removing several vehicles, but the issue of the gate still has not been addressed. Mr. Gathman
stated he received a phone call from adjacent property owner, Carole Applegarth, regarding the
appearance of the screening on the east side of the property. He indicated no campers appear to
be occupied and recommended continuing the hearing for 30 days to allow Mr. Rodriguez
additional time to finish the fence and install a gate.
cc: PLCCGITP), CA,CaC)
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2021-2060
PL1619
HEARING CERTIFICATION - BENNIE RODRIGUEZ (PCSC20-0030)
PAGE 2
F Bennie Rodriguez, property owner, stated he is working hard to finish the fence; however,
the quotes he received for a retractable gate were very expensive. Commissioner Moreno
reiterated the gate does not have to be electronic, which may reduce the cost significantly.
Mr. Rodriguez stated he spoke with Tyler Drage, Front Range Fire Rescue Authority, about the
possibility of using a Knox Box, and Commissioner Buck commended Mr. Rodriguez for the work
he had completed.
• Carol Applegarth, adjacent property owner, expressed concern about lights and music
coming from Mr. Rodriguez's property at 10:30 p.m. She indicated the screening he has installed
and does not look good, there is junk piled behind it, which she can see from her kitchen window,
and she requested the fence be painted.
F---- Tyler Drage, Front Range Fire Rescue Authority, stated he drove by the site on Monday and
indicated a substantial amount of work had been done and mentioned a gap in the fence that
Mr. Rodriguez is aware needs to be taken care of. He expressed concern about the current gate
remaining open and accessible for people to come onto the property late at night or camp on the
property. He explained Mr. Rodriguez does not have access to a computer or internet so he is
going to go to the Front Range Fire Rescue Authority office and staff will help Mr. Rodriguez
obtain information about a Knox Box.
• Commissioner James commended Mr. Rodriguez for the progress he had made and there
was discussion among the board about the time frame for a continuance. Mr. Rodriguez
requested six (6) weeks and the Board decided 60 days was reasonable.
• In the matter of Show Cause hearing, PCSC20-0030, 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 James moved to continue the matter to September 22,
2021, at 9:00 a.m., to allow Mr. Rodriguez additional time to finish the fence and install a security
gate. The motion was seconded by Commissioner Buck and carried unanimously. There being
no further discussion, the hearing was completed at 9:34 a.m.
2021-2060
PL1619
HEARING CERTIFICATION - BENNIE RODRIGUEZ (PCSC20-0030)
PAGE 3
This Certification was approved on the 19th day of July, 2021.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, COLORADO
ATTEST: ditifeA) ;e1
Weld County Clerk to the Board
eputy Clerk to the Board
Steve oreno, C.:ir
S mes, Pro -
Perry L. Bu
2021-2060
PL1619
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