HomeMy WebLinkAbout20200183.tiff EXHIBIT
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BEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION /
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER USR16-0040
APPLICANT. MARIE ALKIRE
PLANNER CHRIS GATHMAN
REQUEST- A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ONE ( 1 ) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER
THAN THOSE PERMITTED UNDER SECTION 23-3-20.A IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION. LOT 15 NORTHWEST ESTATES 2ND FILING, BEING PART OF THE W2 OF
SECTION 29. T7N. R67W OF THE 6TH P M. . WELD COUNTY COLORADO
LOCATION . EAST OF AND ADJACENT TO LEE LAKE AVENUE AND APPROXIMATELY 0.45
MILES NORTH OF CR 76
be recommended favorably to the Board of County Commissioners for the following reasons:
1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2 . It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows:
A. Section 23-2-220.A. 1 . -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-20. F. 3. - A. Policy 6.3. states. Encourage multi-generational, caretaker, guest and
accessory quarters. "
The proposed second single family dwelling is for a residence for a family member. The family
member will assist with maintaining the property and will provide future personal care.
Section 22-2-20. H. - A.Goal 8. States, "Ensure that adequate services and facilities are currently
available or reasonably obtainable to accommodate the requested new land use change for more
intensive development.-
There is currently water and septic service provided to the property. Water is provided by North Weld
County Water District (NWCWD) meter # 2733 002 The original NWCWD letter, dated May 18. 2016.
states that the District has no conflict with building a second residence on the parcel . An updated
NCWCWD letter, dated April 23. 2019. states that the District will honor the 2016 letter as the process
began at that time and that they have no conflicts or requirements for the second home. The septic
system for the primary residence is permitted by SP-1300209 and is sized for six (6) bedrooms. The
septic system for the existing accessory structure. which is proposed to be converted into the second
home is permitted by SP- 1600300 and is sized for one (1 ) bedroom .
B . Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Section 23-3-10. — Intent. of the Weld County Code states. "The A (Agricultural) Zone District is also
intended to provide areas for the conduct of Uses by Special Review which have been determined to
be more intense or to have a potentially greater impact than Uses Allowed by Right." As of November
7. 2016. the date of complete application submittal, this code section allowed the applicant to apply for
a Use by Special Review permit, which is more intense than Uses Allowed by Right.
Section 23-3-40.M . — Uses by special review. of the Weld County Code states, ' One ( 1 ) single-family
dwelling unit per lot other than those permitted under section 23-3-20.A. (second single-family
dwelling unit) in the Agricultural (A) Zone District.- As of November 7. 2016. the date of complete
application submittal, this code section allowed the applicant to apply for a USR second home.
RESOLUTION USR16-0040
MARIE ALKIRE
PAGE 2
Per Section 23-4-600.A of the Weld County Code. amended by Ordinance 2019-02, effective July 25.
2019. the lot is 2.26 acres, and does not meet the 2 .5 acre minimum lot size requirement for second
homes in the A (Agricultural) Zone District. However, this case is being processed under County Code
that was in effect as the time the application was deemed complete in 2016.
C. Section 23-2-220.A. 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of residential lots located within Northwest Estates. Lee Lake and the
Larimer & Weld Canal are located directly to the north of the lot. There are three (3) subdivision lots
located adjacent to the site: all with residences_ The applicant does not own any other contiguous
land. There are no USRs within one (1 ) mile of this site as the surrounding area is residential and
agricultural. While Northwest Estates 2nd Filing is Zoned Agricultural . Northwest Estates 1st and 3rd
Filings are zoned R-2 (Duplex Residential) and most contain two (2) dwelling units on each lot.
The Weld County Department of Planning Services sent notice to eighteen ( 18) surrounding property
owners. Planning staff received two (2) letters in opposition to this USR . Both letters were from
surrounding property owners within 500 feet of the proposed USR boundary and outlined concerns
about potential occupants and that the accessory structure may already be used as a rental unit,
excessive traffic. security concerns, livestock issues. potential businesses being operated on-site,
lowering property values and changing the neighborhood's single-family residential dynamic. Three
(3) phone calls were received with questions and concerns about the USR and two (2) of the calls
came from neighbors who submitted the letters in opposition . The conditions of approval and
Development Standards should adequately address these concerns. Additionally, no businesses are
currently permitted on-site or are part of this USR request.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
This site is located within the three (3) mile referral radius of the Town of Severance, Town of Timnath
and Town of Windsor Windsor returned a referral response dated August 16. 2019 and indicated no
concerns. Severance and Timnath did not respond .
The site is located within the Town of Severance. Town of Timnath and Town of Windsor Coordinated
Planning Agreement boundaries. Severance. Timnath and Windsor returned signed Notice of Inquiry
forms dated August 16, August 9 and August 12, 2019, respectively and indicated no concerns.
The site is not located in a Regional Urbanization Area (RUA) or Urban Growth Boundary (UGB) of a
municipality.
E . Section 23-2-220.A. 5 -- The application complies with Chapter 23. Articles V and XI , of the Weld
County Code.
The property is not located within the A-P (Airport) Overlay District. Geologic Hazard Overlay District,
a Special Flood Hazard Area or MS4 area .
Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide
Road Impact Fee Program , County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural
land in the locational decision for the proposed use .
The site is designated as "Other Land" per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map. The proposed USR will not remove any agricultural land from production . The
RESOLUTION USR16-0040
MARIE ALKIRE
PAGE 3
subject site is not currently used for agricultural purposes as the lot is located within a developed
residential subdivision and is not suitable for agricultural production.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health , safety. and
welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-
250. Weld County Code). Conditions of Approval and Development Standards can ensure that there
are adequate provisions for the protection of health . safety, and welfare of the inhabitants of the
neighborhood and County.
The Weld County Environmental Health and Weld County Public Works referrals. dated September
12 and October 8, 2019. provide additional background and advisory information regarding designing
and operating the site in conformance with the interests of the County, public and other governmental
agencies
This recommendation is based, in part. upon a review of the application materials submitted by the applicant.
other relevant information regarding the request. and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1 _ Prior to recording the map:
A. The applicant shall apply for a change of use building permit and submit evidence to the Weld County
Department of Building Inspection that the existing accessory structure, to be converted into the
subject second home. complies with the requirements of the 2018 International Residential Code and
Chapter 29 of the Weld County Code. (Department of Planning Services)
B. The aoo icant sia submit a recorcec copy of any agreemenu signec by a o• tie owners o7 'ie
oroperty crossee by tie access. The access sna be -or ingress. egress, ul i ies anc sia be
referenced on the USR map by the Weld County Clerk and Recorder's Reception number.
(Department of Public Works)
C . The map shall be amended to delineate the following :
1 ) All sheets of the map shall be labeled USR16-0040. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260. D of the Weld County Code. (Department of
Planning Services)
4) Show and label the location and setbacks of the primary and secondary residences and any other
improvements. (Department of Planning Services)
5) Show and label all recorded easements and rights-of-way on the map by book and page number
or reception number and recording date. (Department of Planning Services)
6) If applicable, setback radiuses for existing oil and gas tank batteries and wellheads shall be
indicated on the map per the setback requirements of 23-3-50. E of the Weld County Code.
(Department of Planning Services)
7) Lee Lake Avenue is a paved road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label on the site map or plat the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road. All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
RESOLUTION USR16-0040
MARIE ALKIRE
PAGE 4
8) Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear the
traveled way when the gate is closed . In no event. shall the distance from the gate to the edge of
the traveled surface be less than 35 feet. (Department of Public Works)
91 Slow anc abe a 30 tot minimum access and uti ity easement to provide ega accost 'o tie
parcel on the site plan. (Department of Public Works)
10) Show and label the drainage flow arrows. (Department of Public Works)
11 ) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
2 . Upon completion of Condition of Approval #1 above, the applicant shall submit one ( 1 ) electronic copy
(. pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation required as
Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The map shall be prepared in accordance with the
requirements of Section 23-2-260. D of the Weld County Code. The Mylar map and additional
requirements shall be submitted within one hundred twenty ( 120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012 , should the map not
be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution. a S50. 00 recording continuance charge shall be added for each additional
three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. If more than one ( 1 ) acre is to be disturbed . a Weld County Grading Permit shall be obtained .
(Department of Public Works)
5 The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is
recorded . Activity shall not occur. nor shall any building or electrical permits be issued on the property,
until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and
Recorder or the applicant has been approved for an early release agreement. (Department of Planning
Services)
Motion seconded by Tom Cope_
VOTE:
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
RESOLUTION USR16-0040
MARIE ALKIRE
PAGE 5
CERTIFICATION OF COPY
I , Kristine Ranslem , Recording Secretary for the Weld County Planning Commission. do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County.
Colorado, adopted on December 17. 2019.
Dated the 17m of December, 2019
4friabst
Kristine Ranslem
Secretary
RESOLUTION USR16-0040
MARIE ALKIRE
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Marie Alkire
USR16-0040
1 . A Site Specific Development Plan and Use by Special Review Permit. USR16-0040 . for one ( 1 ) single-
family dwelling unit per lot other than those permitted under Section 23-3-20.A. (second single-family
dwelling unit) in the A (Agricultural) Zone District. subject to the Development Standards stated hereon
(Department of Planning Services)
2 . Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code . (Department of Planning Services)
3 . The property owner or operator shall be responsible for controlling noxious weeds on the site. pursuant to
Chapter 15, Article I and II . of the Weld County Code. (Department of Public Works)
4 . The access to the site shall be maintained to mitigate any impacts to the public road . including damages
and/or off-site tracking . (Department of Public Works)
5. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
6. Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire an
approved Right-of-Way Use Permit prior to commencement. (Department of Public Works)
7. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
8. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of
Public Health and Environment)
10. Any On-site Waste Water Treatment System located on the property must comply with all provisions of the
s ca ed c t
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Weld County Code, pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health
and Environment)
11 . Building permits may be required, for any new construction or set up manufactured structure. per Section
29-3-10 of the Weld County Code. A building permit application must be completed and submitted.
Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2018 International Building
Codes: 2018 International Residential Code, 2006 International Energy Code: 2017 National Electrical
Code: and Chapter 29 of the Weld County Code. A plan review shall be approved. and a permit must be
issued prior to the start of construction . (Department of Building Inspection)
12 . The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by
the Weld County Board of County Commissioners before such changes from the plans or Development
Standards are permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
13. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
RESOLUTION USR16-0040
MARIE ALKIRE
PAGE 7
14. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources. including, but not limited to, sand and gravel, oil , natural gas. and
coal . Under title 34 of the Colorado Revised Statutes. minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state
face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development Often times. mineral resource sites
are fixed to their geographical and geophysical locations. Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
15. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States. typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms. those features which attract urban dwellers to
rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities
will generate off-site impacts. including noise from tractors and equipment: slow-moving farm vehicles on
rural roads: dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure: smoke from ditch burning: flies and mosquitoes: hunting and trapping activities:
shooting sports. legal hazing of nuisance wildlife: and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying . It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County Section 35-3. 5-102 . C. R. S. . provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production
Water has been. and continues to be. the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches. lakes. or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3.700) miles of state and
County roads outside of municipalities The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County, and
the distances which must be traveled may delay all emergency responses, including law enforcement.
ambulance. and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads. no matter how often they are bladed. will not
provide the same kind of surface expected from a paved road . Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm . Services in
rural areas in many cases. will not be equivalent to municipal services. Rural dwellers must. by
necessity. be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment. ponds and irrigation ditches, electrical power for pumps and center
pivot operations. high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats Controlling children's activities is important. not only for their safety. but
also for the protection of the farmer's livelihood.
EXHIBIT
PL t\\ \ 5
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
oIR ,ILP—Oc>4O
Tuesday, December 17, 2019
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room . 1150 O Street. Greeley. Colorado. This meeting was called to order by Chair,
Michael Wailes. at 1 : 33 pm
Roll Call .
Present: Michael Wailes, Bruce Johnson . Gene Stille. Tom Cope, Lonnie Ford , Richard Beck, Elijah Hatch,
Skip Holland .
Also Present Kim Ogle, Chris Gathman . and Maxwell Nader. Department of Planning Services: Lauren
Light and Ben Frissell, Department of Health; Mike McRoberts and Zackery Roberson, Public Works. Bob
Choate and Karin McDougal. County Attorney, and Kris Ranslem. Secretary.
CASE NUMBER USR16-0040
APPLICANT MARIE ALKIRE
PLANNER. CHRIS GATHMAN
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ONE ( 1 ) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER
THAN THOSE PERMITTED UNDER SECTION 23-3-20.A IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION. LOT 15 NORTHWEST ESTATES 2ND FILING, BEING PART OF THE W2 OF
SECTION 29. T7N. R67W OF THE 6TH P M. . WELD COUNTY. COLORADO
LOCATION: EAST OF AND ADJACENT TO LEE LAKE AVENUE AND APPROXIMATELY 0.45
MILES NORTH OF CR 76
Chris Gathman . Planning Services, presented Case USR16-0040, reading the recommendation and
comments into the record. Mr Gathman noted that the applicant's son will be living in the second home to
help take care of the property_ Ms. Alkire submitted a complete USR application on November 7, 2016;
however, during the initial process she withdrew the application in 2017 and received the application refund
because her son was delayed in moving to Colorado_ Instead of constructing a second home at this time,
Ms. Alkire constructed an 850 square foot accessory structure in 2018 to be used as a personal art studio
and office. In 2019, Ms. Alkire contacted the Planning Department paid a new applicant fee to continue the
USR for a second home because her son was now able to move to Colorado. He added that the applicant's
intent is to convert and use the 850 square foot accessory structure as a second home. He referred to
Section 23-4-600 .A of the Weld County Code as amended by Ordinance 2019-02 that became effective
July 25. 2019 and added that the lot is 2.26 acres and does not meet the minimum 2. 5-acre lot size
requirement for second homes in the agricultural zone district. However, this case is being processed
under the County Code that was in effect at the time the application was deemed complete in 2016
Mr. Gathman noted that three (3) letters were received in opposition with two of the letters from surrounding
property owners regarding concerns about potential occupants and that the accessory structure may
already be used as a rental unit. excessive traffic. security concerns. livestock issues. potential businesses
being operated on site, lowering of property values, and changing the neighborhoods single-family
residential dynamic. One letter was submitted anonymously and provided photographic and web-based
evidence that the existing accessory structure is being advertised as a short-term rental unit on line and
utilized as such . The letter adds that the existing primary residence on site is split into two (2) units and
that the basement unit is a long-term rental . The letter expressed concerns with safety given the number
of uses on the site.
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards.
Commissioner Wades referred to the allegations of the rental of primary residence and asked Staff for
clarification . Mr. Gathman said that there were some allegations in one of the emails submitted that the
proposed second dwelling is being used as a short-term rental and that the basement of the principal
residence was being rented out. Mr. Wailes asked if there is rental within the primary residence where
does the County Code stand on that Mr. Gathman said that the County Code that was adopted in July talks
1
about a bed and breakfast, which is a short-term rental use and would require a separate application under
Zoning Permit for Certain Ag Uses (ZPAG) .
Commissioner Cope asked if a long-term rental would be considered a business. Bob Choate. County
Attorney, said that he would classify it as a duplex. Mr. Gathman added that a duplex isn't allowed in the
agricultural zone district and requires a change of zone
Commissioner Cope asked if the intent is for family members to use it and if they can put that into the
development standards to regulate that. Mr. Gathman stated that the Weld County Code does not regulate
who can live in the second residence under a USR for a second dwelling. Mr. Choate said that this is
notoriously difficult to enforce. He said that you could add a development standard if you feel it is necessary
to make it compatible, however he wouldn't recommend it.
Zackery Roberson , Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site. Mr. Roberson requested removal of Condition of Approval 1 .C.9 as the applicant does not need
an easement to access their own property.
Commissioner Wailes asked if Lee Lake Avenue maintained by Weld County. Mr. Roberson replied that it
is a County maintained road .
Commissioner Beck asked if there is an HOA for this subdivision. The Chair stated that the applicant can
address that inquiry.
Lauren Light, Environmental Health. reviewed the public water and sanitary sewer requirements. on-site
dust control, and the Waste Handling Plan.
Commissioner Stille asked what size of tap it is and if there is a separate water meter for those parcels.
Ms. Light suggested that they refer to North Weld County Water District's referral as she doesn't have that
information
Mr. Gathman said North Weld County Water District responded September 20. 2019 indicating no
comments.
Mr. Gathman recommended an amendment to Condition of Approval 1 .A.
Marie Alkire. 37607 Lee Lake Avenue. Windsor. Colorado. stated that the property is a lot of work so her
son wanted to move back to Colorado and help her. Her son will live in the primary home and she will live
in the cottage
Commissioner Beck asked if there is an active HOA. Ms. Alkire said that she found the HOA Covenants
and submitted them into the record.
Mr. Beck asked how the covenants address how many residences can be on a particular lot. Bob Choate,
County Attorney. will review the Covenants.
Commissioner Stille referred to the two (2) water taps and non-potable water. Ms. Alkire said that the entire
subdivision has non-potable water
Mr. Choate said that the covenants do not address or have a prohibition on having multiple single-family
dwellings: however. it does limit it to single-family dwellings and residential purposes .
Mr. Choate said that he has another commitment to attend and added that Karin McDougal, Assistant
County Attorney. will fill in for him
Commissioner Holland asked if there is anyone renting the basement. Blake Derango said that he travels
for work and stays there to help her with the property. He added that he doesn t pay her and just stays
there when he is in town.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
2
Ande Macarenis. 37189 Northwest Drive. Windsor. said that Ms. Alkire lost her home due to a fire and
rebuilt and has tried to take care of the property by herself. She added that her son who lives in New York
has decided to move back. She further added that Mr. Derango has been helping her maintain that property
until her son can move back.
Tiffany Otani, 11 -3779 2nd Street. Vokanotti, Hawaii, stated that she is Ms. Alkire's sister and stays with her
sister for two months out of the year. She said that she can't imagine anyone objecting to this because of
the traffic because she never sees any traffic here.
The Chair referred to the changes requested be Staff
Mr. Roberson requested removal of Condition of Approval 1 . C.9.
Motion : Delete Condition of Approval 1 . C . 9, Moved by Tom Cope, Seconded by Elijah Hatch Motion
carried unanimously.
Mr. Gathman requested amending Condition of Approval 1 .A to read "The applicant shall apply for a change
of use building permit and submit evidence to the Weld County Department of Building Inspection that the
existing accessory structure. to be converted into the subject second home. complies with the requirements
of the 2018 International Residential Code and Chapter 29 of the Weld County Code".
Commissioner Cope asked when the accessory building was built. Mr. Gathman replied that it was built in
2018. Mr Cope asked if the 2018 Building Codes were adopted at the time of construction_ Jose Gonzalez.
Building Department. said that the building was constructed as an accessory structure under the 2012
International Residential Codes. Since then we have adopted the 2018 International Codes and therefore
a change of use building permit needs to be submitted to comply with the current codes.
Commissioner Cope asked if there are any changes between the two codes that will create an
issue/problem for having built this under the 2012 codes Mr. Gonzalez said that nothing that will create
much of a concern _ He added that the biggest thing is for a wind speed for an accessory building versus a
single-family home and requirements on outlet protection and spacing, smoke detectors, and other life and
safety items.
Commissioner Holland asked if this could be presented to the Board of Adjustment for forgiveness Mr
Gonzalez said that there is a mechanism that could challenge the interpretation through the Building Board
of Appeals. The Chair added that this structure was built as an accessory structure so by amending this
Condition of Approval, they are asking the applicant to apply for the change of use permit to a single-family
dwelling.
Motion : Amend Condition of Approval 1 .A, as recommended by Staff, Moved by Tom Cope, Seconded
by Bruce Johnson . Motion carried unanimously.
Mr. Roberson referred to Condition of Approval 1 . B and requested to delete it since the applicant will not
need an agreement to cross their own property.
Motion : Delete Condition of Approval 1 . B. Moved by Bruce Johnson. Seconded by Gene Stille_ Motion
carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion : Forward Case USR16-0040 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval . Moved by Bruce Johnson . Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes : Bruce Johnson. Elijah Hatch . Gene Stille, Lonnie Ford . Michael Wailes. Richard Beck, Skip Holland ,
Tom Cope.
3
Commissioner Holland complimented Staff for doing a thorough job in representing this project.
Commissioner Johnson agreed and said that it is nice to see that we try to help people to adjust to their
stage of life and to also shepherd them through the process.
Commissioner commended the applicant and Staff for showing that they can meet the criteria in Section
23-2-220.A of the Weld County Code.
Meeting adjourned at 4:30 pm .
Respectfully submitted,
Kristine Ranslem
Secretary
4
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL
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