HomeMy WebLinkAbout20201749.tiff EXHIBIT
BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION (S ,• iS ( 0
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 : USR20-0010
APPLICANT: PAUL AND VALERIE TAMS
PLANNER : ANGELA SNYDER
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ACCESSORY BUILDINGS WITH GROSS FLOOR AREA LARGER
THAN FOUR PERCENT (4 % ) OF THE TOTAL LOT AREA IN THE A
(AGRICULTURAL ) ZONE DISTRICT .
LEGAL DESCRIPTION : LOT 2 BLOCK 2 NORTHMOOR ACRES : BEING PART OF SECTION 24 , T4N .
R68W OF THE 6TH P . M . , WELD COUNTY , COLORADO .
LOCATION : NORTH OF AND ADJACENT TO CR 42 : APPROXIMATELY 440 FEET EAST
OF CR 11 .
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. 2 A . Policy 6. 2. "Support opportunities, such as but not limited to hobby
farming and home businesses, to supplement family income and reduce living expenses for
farm families and others who prefer a rural lifestyle. "
An accessory building can provide opportunity for hobbies that come with a rural lifestyle .
Section 22-2-20. D. A . Goal 4. "Promote a quality environment which is free of derelict
vehicles. refuse. litter and other unsightly materials. "
The accessory building can be used to store the applicant ' s personal items . which will keep
them from being visible to the public .
B . Section 23-2-220 . A . 2 -- The proposed use is consistent with the intent of the A (Agricultural )
Zone District .
According to Section 23-3-60 . A the A (Agricultural ) Zone District allows accessory buildings
with gross floor area larger than four (4 % ) percent of the total lot area upon approval of a
Special Review Permit . The building will be setbacks and offsets .
C . Section 23-2-220 . A . 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses .
The proposal is located in the Northmoor Acres Subdivision . Several homes in the
neighborhood have large outbuildings , though none permitted have required a Use by
Special Review permit . There are three Use by Special Review Permits in the neighborhood
for a kennel ( SUP- 35) , a home business ( USR-752 ) , and a water tank ( USR- 1538 ) .
Approval of the proposed structure from the Northmoor Acres Homeowners Association was
submitted with the application .
The Weld County Department of Planning Services sent notice to seventeen ( 17)
Surrounding Property Owners . Planning staff received a petition from seven (7 ) surrounding
property owners within 500 feet of the parent parcel stating , "The neighbors in the Northmoor
RESOLUTION USR20-0010
PAUL AND VALERIE TAMS
PAGE 2
Acres Subdivision who have signed below are asking that the permit be denied"No further
explanation for the denial request was included One phone call was received from one of
the petitioners citing a distrust of the applicant and expressing confusion over the application
and neighbor rights, however, no specific impacts were mentioned Staff explained to the
caller that the Weld County Code does allow oversized accessory structures upon approval
of the Board of County Commissioners through this Use by Special Review process A text
message from a surrounding property owner was submitted by the applicant explaining the
reasoning for the petition being founded in a misunderstanding of Weld County's position on „
oversized accessory structures
The Development Standards and Conditions of Approval will assist in mitigating the impacts
of the facility on the adjacent properties and ensure compatibility with surrounding land uses
and the region
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
The site is located within the three (3) mile referral area of the Towns of Berthoud, Mead,
and Johnstown The Town of Johnstown, in their referral comments dated April 17, 2020,
indicated that they have no concerns The Towns of Berthoud and Mead did not return
referral responses
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 within the Geologic Hazard Overlay District,a Special Flood Hazard Area
or the Airport Overlay District Building Permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program Building Permits issued on
the proposed lot will be required to adhere to the fee structure of the 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 proposed building is not located on irrigated land nor is it being used for agriculture
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
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
r
1 Prior to recording the map
A The applicant shall address the concerns of the Public Works Referral relating to the existing
unpermitted parcel access location (Department of Public Works)
RESOLUTION USR20-0010
PAUL AND VALERIE TAMS
PAGE 3
B The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR20-0010(Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County
Code (Department of Planning Services)
4 The map shall delineate the existing landscaping and screening (Department of
Planning Services)
5 Yucca Court 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 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)
6 Cactus Drive 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 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)
7 County Road 42 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)
8 County Road 11 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 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)
9 Show and label the approved access location, approved access width and the
appropriate turning radii on the site plan The applicant must obtain an access permit in
the approved location prior to operation (Department of Public Works)
10 Show and label the drainage flow arrows (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
RESOLUTION USR20-0010
PAUL AND VALERIE TAMS
PAGE 4
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution,a$50 00 recording continuance charge shall be added for each
additional three(3) month period (Department of Planning Services)
4 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
CERTIFICATION OF COPY
I, Michelle Wall, 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 June 2, 2020
Dated the 2nd of June, 2020
Michelle Wall
Secretary
RESOLUTION USR20-0010
PAUL AND VALERIE TAMS
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Paul and Valerie Tams
USR20-0010
1 A Site Specific Development Plan and Use by Special Review Permit for accessory buildings with gross
floor area larger than four percent(4%)of the total lot area in the A(Agricultural)Zone District, USR20-
0010, 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 existing and proposed landscaping and screening on the site shall be maintained in accordance with
the approved Landscape and Screening Plan (Department of Planning Services)
4 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)
5 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)
6 There shall be no parking or staging of vehicles on public roads On-site parking shall be utilized
(Department of Public Works)
7 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)
8 The historical flow patterns and runoff amounts on th`e site will be maintained (Department of Public
Works)
9 Weld County is not responsible for the maintenance of onsite drainage related features (Department of
Public Works)
10 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map Neither the direct, nor reflected, light from any light source may create a traffic
hazard to operators of motor vehicles on public or private streets No colored lights may be used which
may be confused with, or construed as,traffic control devices (Department of Planning Services)
11 Building permits shall 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 have 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 property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code (Department of Planning Services)
13 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 (Department of Planning Services)
RESOLUTION USR20-0010
PAUL AND VALERIE TAMS
PAGE 6
14 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 (Department of Planning Services)
15 Construction or USE pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit,or the Permit shall be vacated The Director of Planning
Services may grant an extension of time,for good cause shown,upon a written request by the landowner
16 A Use by Special Review shall terminate when the USE is discontinued for a period of three (3)
consecutive years,the USE of the land changes or the time period established by the Board of County
Commissioners through the approval process expires The landowner may notify the Department of
Planning Services of a termination of the USE,or Planning Services staff may observe that the USE has
been terminated When either the Department of Planning Services is notified by the landowner,or when
the Department of Planning Services observes that the USE may have been terminated,the Planner shall
send certified written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit
17 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
18 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
RESOLUTION USR20-0010
PAUL AND VALERIE TAMS
PAGE 7
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, sandburs, 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
C) L k\k\\A,m-e-5SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
(e al 2L2O Tuesday , June 2 . 2020
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 12 : 30 pm .
Roll Call .
Present : Michael Wailes , Bruce Johnson , Gene Stille , Tom Cope , Lonnie Ford , Richard Beck . Elijah Hatch ,
Skip Holland .
Also Present : Diana Aungst and Angela Snyder, Department of Planning Services ; Lauren Light ,
Department of Health ; Melissa King , Public Works ; Bob Choate , County Attorney . and Michelle Wall ,
Secretary .
CASE NUMBER : USR20-0010
APPLICANT: PAUL AND VALERIE TAMS
PLANNER : ANGELA SNYDER
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ACCESSORY BUILDINGS WITH GROSS FLOOR AREA LARGER
THAN FOUR PERCENT (4% ) OF THE TOTAL LOT AREA IN THE A
(AGRICULTURAL ) ZONE DISTRICT .
LEGAL DESCRIPTION : LOT 2 BLOCK 2 NORTHMOOR ACRES : BEING PART OF SECTION 24 , T4N ,
R68W OF THE 6TH P . M . . WELD COUNTY , COLORADO .
LOCATION : NORTH OF AND ADJACENT TO CR 42 : APPROXIMATELY 440 FEET EAST
OF CR 11 .
Angela Snyder , Planning Services , presented Case USR20- 0010 , reading the recommendation and
comments into the record . Staff received a petition from seven surrounding property owners within 500
feet of the parent parcel stating , " The neighbors in the Northmoor Acres Subdivision who have signed below
are asking that the permit be denied . " No further explanation for the denial request was included . One
phone call was received from one of the petitioners citing a distrust of the applicant and expressing
confusion over the application and neighbor rights ; however, no specific impacts were mentioned . The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards .
Melissa King , Public Works , reported on the existing traffic , access to the site and drainage conditions for
the site .
Commissioner Cope asked why the County requires access permits for a platted subdivision . He said he
would think the accesses would have been approved at the time the subdivision design was planned . Ms .
King replied that she believes this subdivision was created prior to the access permit code and therefore
not all the lots in the subdivision have access permits at this time .
Commissioner Holland asked staff if the property already has an access . Ms . King stated that the property
has a driveway onto Yucca Court that is an existing access , but the access is not permitted . She explained
that an access permit would be required with the USR application in order to permit the access to the
driveway .
Lauren Light , Environmental Health , reviewed the public water and sanitary sewer requirements , on- site
dust control , and the Waste Handling Plan .
Paul and Valerie Tams , 5110 Yucca Court , Johnstown , Colorado . Mr. Tams explained that they are
requesting a new building to store his collector cars , vintage tractor, and camper .
Commissioner Johnson asked Mr. Tams how long they have lived on the property . Mr . Tams replied 22
years .
The Chair said that after reading some of the neighbors ' comments , it appears there is some confusion that
they may think the building is going to be used for a business . Mr. Tams said it will only be used for their
personal use He said he is against having any businesses ran out of the neighborhood Mr Tams said
his office is in Loveland
Commissioner Holland asked Mr Tams what size the lots are in the neighborhood Mr Tams said they are
approximately 1 24 acres, some may be a little bit larger Commissioner Holland asked the applicant if he
is aware of any other properties in the neighborhood that have exceeded the 4% rule Mr Tams said he
knows that three other neighbors have applied but is not aware of any of them moving forward with building
Mr Tams explained that the Homeowners Association has approved the new building Commissioner
Holland asked if the HOA is acceptable with approving buildings that exceed the 4% rule Mr Tams said
his wife is on the HOA Ms Tams explained that the Architectural Control Committee approved the building
and that they have a letter stating the approval Mr Tams said that they informed all the adjoining neighbors
about the building and received no objections at that time He said that one of the neighbors is a member
of the ACC
Mr Tams said that three of the neighbors who signed the petition are not in good standing with the HOA
Two of them are running businesses from their homes and the other one is a truck driver and brings trucks
into the neighborhood He said another person who signed the petition, is not a homeowner Mr Tams
feels that because his wife is on the HOA Board, the neighbors are trying to coerce his wife into changing
her position to allow commercial businesses in a residential neighborhood He said they do not agree with
businesses being allowed in a residential neighborhood
Commissioner Holland asked Mr Tams if one of his adjoining neighbors proposed to build a structure as
big as he is requesting,would he be in agreement with them Mr Tams said he would be in approval
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Bob Hughes, 5031 Yucca Court, Johnstown, Colorado Mr Hughes said he lives a couple houses away
from the applicant He said that seven homeowners on the street signed the petition Mr Hughes said
there are already two big buildings and adding another big building will make it appear like a business
district He said that he feels the ACC is a joke Mr Hughes said when Ms Tams went around to the
neighbors, she did not explain that their building would exceed the 4% rule He said he has lived on his
property for 45 years and no one has had an issue with people having a home business before now Mr
Hughes said the current HOA Board is trying to get rid of the home businesses
Mr Cope asked Mr Hughes if he has a home business Mr Hughes said he does not, he has been retired
for 23 years He said he never had a home business
Gary Rees, 5071 Yucca Court, Johnstown, Colorado Mr Rees stated he lives directly across the street
from where the building is going to be built He said no one from the ACC spoke to him about it, he heard
about it from the other neighbors Mr Rees feels the Tams try to control all the rules in the subdivision, but
they are asking for an exception to the Weld County rules He feels because they are on the committee,
they want special privileges Mr Rees said the Tams already have one big building on their property He
is not in agreement with them adding another building
Beth Thielbert, 5070 Yucca Court, Johnstown, Colorado Ms Thielbert stated that her husband is on the
ACC She said that Ms Tams did not notify all the neighbors of the new building Ms Thielbert said that
at the architectural meeting, the Tams did not clarify that the building was going to exceed the 4% rule
Neighbors learned of the building exceeding the 4% rule from the notice that the County sent them
The Chair closed public comment
Commissioner Johnson asked staff how much over the 4% rule would the building exceed Ms Snyder
replied 7/10 of a percent
The Chair stated that the Planning Commissioner does not base their decisions on rules of the HOA or the
ACC but base their decisions on County Code He asked for further direction from Council for the Planning
Commission Mr Choate,Assistant County Attorney, explained that the job of the Planning Commission is
to apply the criteria that are under Chapter 23 of the Weld County Code to the information being provided
The Board needs to make sure the information provided is relevant to the USR provisions The County
does not enforce private covenants
Commissioner Johnson asked Mr Choate if the applicant could legally park the collector vehicles on the
property Mr Choate said if the vehicles are currently registered, he would believe so
Commissioner Ford asked the applicant what size building they want to build Mr Tams replied 32'x 40'
Commissioner Ford asked Mr Tams if they would consider building a smaller building that would comply
with County Code Mr Tams explained they need the building to be 32' x 40' to store their camper, two
vintage tractors, and other personal equipment
Mr Tams said that sometimes real estate brokers fail to inform their buyers that they are buying a home
that has a homeowner's association The buyer should review all the homeowner documents before
closing He said the homeowner's association does not allow businesses Mr Tams said they want to
build the building so they can get all their vehicles stored inside instead of parked outside on the property
He explained the ACC does not ask for permission to build, but instead notifies neighbors that it is
happening The ACC approves/declines decisions based on their guidelines Mr Tams said the ACC only
notifies adjacent property owners He said that Beth Thielbert is not a property owner, her husband is the
owner of the property
The Chair asked the applicant if they have read through the 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 USR20-0010 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Bruce Johnson, Seconded by Tom Cope
Vote Motion passed (summary Yes=7, No= 1,Abstain= 0)
Yes Bruce Johnson, Elijah Hatch, Gene Stile, Lonnie Ford, Michael Wades, Richard Beck, Tom Cope
No Skip Holland
Commissioner Johnson stated that staff was diligent in their staff comments and conditions of approval
He would rather have collector vehicles stored inside a building then parked outside Commissioner
Johnson said it is his opinion that the building would not be derogatory to the community
Commissioner Stile said that the staff did an excellent job of looking into Sections under Chapters 22 and
23 of Weld County Code He said they as a commission have to follow these guidelines
Meeting adjourned at 4 32 pm
Respectfully submitted,
oC Wa�-e-
Michelle Wall
Secretary
ATTENDANCE RECORD
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