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Home My WebLink About20200354.tiffHEARING CERTIFICATION DOCKET NO. 2018-144.C RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0086, FOR A HOME BUSINESS (PARKING OF VEHICLES ASSOCIATED WITH A LANDSCAPING/SNOW REMOVAL BUSINESS ALONG WITH AN OFFICE FOR PAPERWORK) ALONG WITH ACCESSORY BUILDINGS WITH GROSS FLOOR AREA LARGER THAN FOUR PERCENT (4%) OF THE TOTAL LOT AREA PER BUILDING ON LOTS IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - JOSE CARBAJAL CASTILLO AND CAROLINA SALINAS CORONA A public hearing was conducted on January 29, 2020, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Steve Moreno, Chair Pro-Tem Commissioner Sean P. Conway — EXCUSED Commissioner Scott K. James Commissioner Barbara Kirkmeyer Also present: Acting Clerk to the Board, Jess Reid Assistant County Attorney, Bob Choate Planning Services Department representative, Chris Gathman Public Works Department representative, Evan Pinkham Health Department representative, Ben Frissell The following business was transacted: I hereby certify that pursuant to a notice dated November 13, 2018, and duly published November 19, 2018, in the Greeley Tribune, a public hearing was conducted on December 26, 2018, to consider the request of Jose Carbajal Castillo and Carolina Salinas Corona, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0086, for a Home Business (parking of vehicles associated with a landscaping/snow removal business along with an office for paperwork) along with accessory buildings with gross floor area larger than four percent (4%) of the total lot area per building on lots in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. At said hearing the matter was referred back to the Department of Planning Services to further address Zoning Violation, ZCV18-00141, with stipulations regarding the home business operations. Then, pursuant to a subsequent notice dated April 23, 2019, and duly published April 26, 2019, in the Greeley Tribune, a public hearing was conducted on July 31, 2019, at which time the matter was continued to January 29, 2020, to allow the applicants adequate time to complete construction of their home to be used for the home business. Bob Choate, Assistant County Attorney, made this a matter of record. Chair Freeman reviewed for the applicant and the public, the procedures to follow should this case result in a tie vote due to four (4) Commissioners being present and Commissioner Conway being excused. cc) PL(C(a Fr , UO tf,P) 5F ®3(ocor ax) 2020-0354 PL2619 HEARING CERTIFICATION - JOSE CARBAJAL CASTILLO AND CAROLNA SALINAS CORONA (USR18-0086) PAGE 2 El Chris Gathman, Department of Planning Services, presented a brief summary of the case timeline and in response to Commissioner Kirkmeyer, he confirmed the home is not completed and stated the Zoning Violation began in the Spring of 2018. Mr. Choate recommended the case not be referred back to Planning and, instead, be approved, denied, or continued. There was discussion among the Board about whether the application is complete due to the home not being built, Mr. Choate reiterated his advisement and in response to Commissioner Kirkmeyer, explained his understanding of the intent of the application. In response to Chair Freeman, Mr. Choate indicated there is no evidence to support an approval and confirmed the application has not made progress since the previous hearing in July, 2019. In response to Commissioner Kirkmeyer, Mr. Gathman confirmed there was not a home on property at time of the original application, referenced the Zoning Violation, ZCV18-00141, and reiterated the history of the case. He stated the applicants are self-financing the build and estimated, based on the outstanding inspections, it could take them up to a year to complete the home. In response to Commissioner James, Mr. Gathman affirmed the applicants are in violation and the only way to come into compliance is to complete the home, or remove the use. In response to Chair Freeman, Mr. Gathman stated the Building Permit was extended until January 25, 2021, and in response to Commissioner Kirkmeyer, he read the Code requirement about primary residence as it relates to a Home Business. Mr. Gathman explained the applicants are contemplating leasing an alternate site, which is zoned C-3 (Business Commercial) and has had a Site Plan Review. In response to Commissioner Moreno, Mr. Gathman reiterated, according to Building Inspection Department, completion of the house will potentially take a year due to several outstanding inspections. le Commissioner Kirkmeyer moved to refer the request of Jose Carbajal Castillo and Carolina Salinas Corona for a Site Specific Development Plan and Use by Special Review Permit, USR18-0086, for a Home Business (parking of vehicles associated with a landscaping/snow removal business along with an office for paperwork) along with accessory buildings with gross floor area larger than four percent (4%) of the total lot area per building on lots in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, back to the Department of Planning Services, with instruction to forward the active Zoning Violation, ZCV18-00144, to the County Attorney's Office for immediate legal action. The motion was seconded by Commissioner Moreno. In response to Chair Freeman, Mr. Choate indicated the hearing did not need to be opened to the applicant or the public. Commissioner Kirkmeyer stated she made the motion based on the finding that the application was incomplete and the zoning violation has been active for approximately one and a half years. The motion carried unanimously and there being no further discussion, the hearing was completed at 10:31 a.m. 2020-0354 PL2619 HEARING CERTIFICATION - JOSE CARBAJAL CASTILLO AND CAROLNA SALINAS CORONA (USR18-0086) PAGE 3 This Certification was approved on the 3rd day of February, 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: /•.IttiW./ v• ...Cll4;ok Weld County Clerk to the Board BY: eputy Clerk to the Board Mike Freeman, Chair Steve Moreno, Pro -Tern EXCU ED Sean . 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