HomeMy WebLinkAbout20202957.tiffRESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING, PCSC20-0002,
CONCERNING USE BY SPECIAL REVIEW PERMIT, USR-983 - MAREK FARMS,
LTD., C/O JOHN PIPE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on the 28th day of September, 2020, a Probable Cause Hearing was held
before the Board to consider setting a Show Cause Hearing to determine whether or not Marek
Farms, Ltd., c/o John Pipe, 616 McKinley Avenue, Loveland, Colorado 80537-5457, was in
compliance with certain Conditions of Approval and Development Standards contained in Use by
Special Review Permit, USR-983, for Expansion of a Nonconforming Use (vehicle sales
establishment and salvage yard) in the A (Agricultural) Zone District, and
WHEREAS, the alleged violations were said to be occurring on property described as part
of the NW1/4 of Section 18, Township 4 North, Range 66 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, after hearing testimony from the Department of Planning Services, the Board
finds that pursuant to the procedure as set forth in Chapter 2, Administration, the Weld County
Code there is sufficient probable cause to schedule a Show Cause Hearing to consider whether
or not said Use by Special Review Permit should be revoked for failure to comply with certain
Conditions of Approval and Development Standards, and
WHEREAS, the Board shall hear evidence and testimony from all interested parties at
said Show Cause Hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Use by
Special Review Permit, USR-983, currently held by Marek Farms, Ltd., c/o John Pipe, should be
revoked.
BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing
shall be November 9, 2020, at or about 9:00 a.m., in the Assembly Room of the Weld County
Administration Building, 1150 O Street, Greeley, Colorado.
BE IT FURTHER RESOLVED by the Board that the issue to be considered at said
Show Cause Hearing is whether or not the permit holder is in compliance with the following:
1. Development Standard #9 - "All construction on the property shall be in
accordance with the requirements of the Weld County Building Code Ordinance."
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1012.1 )2020
2020-2957
PL0882
SET SHOW CAUSE, PCSC20-0002 - MAREK FARMS, LTD., C/O JOHN PIPE (USR-983)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of September, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: didu,,„
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Weld County Clerk to the Board
ounty A ttor ey
Date of signature: O61/3O/2.O
Mike Freeman, Chair
Steve Moreng, Pro-Tem
Kevin D. Ross
2020-2957
PL0882
Memorandum
To: Board of County Commissioners
From: Angela Snyder, Planner II
Hearing Date: September 28, 2020
Regarding PCSC20-0002
Marek Farms Ltd
Parcel: 105718000039
Case #s: USR-983, PCSC17-0015, BCV18-00010, PCSC20-0002
USR-983 permits a commercial salvage yard outside of Milliken on County Road 46 (Inez Boulevard), just
north of the South Platte River. There is Probable Cause that the USR is out of compliance with
Development Standard #9, "All construction on the property shall be in accordance with the requirements
of the Weld County Building Code Ordinance." There is an unpermitted agricultural hoop structure.
Timeline
8/30/2017 - PCSC17-0015 original complaint of expansion beyond USR boundaries and presence of non-
commercial junkyard. Discovered four unpermitted hoop structures. Planner -Ryder Reddick
2/13/2018 - BCV18-00010 initiated for the unpermitted hoop structures.
10/4/2018 — Ag-exempt building permits received for four hoop structures. Staff was concerned that
commercial salvage was being stored in the structures and that they would need commercial permits.
3/7/2018 — Ag-exempt permits for the hoop structures withdrawn. Notes on file: "USR ON PROPERTY
FOR SALVAGE YARD - PER JOSE NEED TO CONSULT WITH PLANNING TO DETERMINE IF CAN BE
PERMITTED AG -EXEMPT OR IF NEEDS TO BE COMMERCIAL/ PERSONAL USE (RYDER) - 03/14/18
ALLOWED TO HAVE 2 FABRIC COVERED BLDGS TO BE USED FOR COMMERICAL USE W/OUT AMENDING
THE USR (RYDER)"
4/30/2019 — Email correspondence between Building and Planning tracking down what happened with
the case. Case Reassigned to Angela Snyder. Property owner, John Pipe, proceeded to clean up the site.
6/11/2019 —Office visit with Mr. Pipe to discuss progress
9/19/2019 — Staff site visit to property confirming the cleaning up of the property.
10/14/2019 - PCSC17-0015 closed "Non-commercial junkyard was screened. Commercial salvage yard is
within the boundaries of USR-983." Commercial salvage was removed from the unpermitted hoop
structures, and so determined to be agricultural, and therefore, unrelated to the USR. Staff decided close
the PCSC and to process only the building violation. Mr. Pipe informed that he could resubmit the ag-
exempt permits that were previously withdrawn, however would need to file new applications, as so much
time had passed. Mr. Pipe was disinclined to submit new applications.
12/12/2019 — BCV18-00010 Notice to proceed was sent to Mr. Pipe as staff was still not in receipt of
building permits for the four unpermitted hoop structures.
1/23/2020 — Still no building permits for ag-exempt hoop structures, so in an email correspondence, staff
discussed the possibility of reopening the USR violation for failure to comply with Development Standard
#9 "All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance."
2/13/2020 — Staff opens PCSC20-0002 and informed Mr. Pipe via email to submit the ag-exempt building
permits.
8/25/2020 — Notice of Probable Cause Hearing sent to Mr. Pipe via certified mail.
8/27/2020 — Postcard signed and returned to the Department of Planning Services. It was assumed the
property owner was aware of the letter.
9/17/2020— Phone conversation and email with Building Compliance. Mr. Pipe informs Building that there
is only one hoop structure remaining onsite and was not aware of the certified Notice of Probable Cause
Hearing.
9/18/2020 — Applicant encouraged via email to submit ag exempt application for the remaining structure
by Monday.
9/21/2020 — Planning staff received the certified letter "not deliverable at this address" and returned to
the sender.
Staff will visit the site prior to September 28, 2020 and confirm the existence of one remaining hoop
structure. Staff recommends that a Show Cause hearing be scheduled to discuss the noncompliance
with USR-938 Development Standards.
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