HomeMy WebLinkAbout20193889.tiffHEARING CERTIFICATION
DOCKET NO. 2019-110
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0042, FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN
THOSE PERMITTED UNDER SECTION 23-3-30.A (SECOND SINGLE-FAMILY
DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT - JOSHUA
GERSTBERGER
A public hearing was conducted on September 4, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro -Tern
Commissioner Sean P. Conway - EXCUSED
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Jessica Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Maxwell Nader
Public Works Department representative, Evan Pinkham
Health Department representative, Lauren Light
The following business was transacted:
0 I hereby certify that pursuant to a notice dated July 8, 2019, and duly published July 12, 2019,
in the Greeley Tribune, a public hearing was conducted to consider the request of Joshua
Gerstberger, for a Site Specific Development Plan and Use by Special Review Permit,
USR19-0042, for one (1) Single -Family Dwelling Unit per lot other than those permitted under
Section 23-3-30.A (second single-family dwelling unit) in the A (Agricultural) Zone District.
Bob Choate, Assistant County Attorney, made this a matter of record.
=F Chair Kirkmeyer 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 excused.
Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal
and stated the applicant lived in a temporary modular home on the property, permitted under
CPMH16-0044, during the construction of the primary residence. He noted the modular home
was supposed to be removed but was not, which resulted in a zoning violation, and indicated the
applicant would eventually like to build a second single-family dwelling unit in place of the modular
home. He stated no correspondence had been received by the Department of Planning Services
regarding the application, 14 referrals were sent out, nine (9) responses were returned, and
mentioned the site is within the three (3) mile referral areas of the of Towns of Erie and Frederick,
and the Cites of Dacono and Broomfield. He explained the surrounding uses, entered the
favorable recommendation of the Planning Commission into the record as written and displayed
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HEARING CERTIFICATION - JOSHUA GERSTBERGER (USR19-0042)
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images of the site and surrounding views. In response to Chair Kirkmeyer, Mr. Nader confirmed
the site is 3.4 acres.
a Evan Pinkham, Department of Public Works, provided a brief overview of the transportation
plans and requirements, stated the access is on County Road (CR) 5, and noted the applicant
submitted a drainage narrative, as the site meets a drainage exception.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated water service will be provided by the Left Hand Water District. She explained
the primary residence has a septic system permitted for five (5) bedrooms, the septic system will
have to be reviewed prior to construction of a second residence to see if an additional septic
system is necessary, and Development Standards (DS) #8-9 address Environmental Health (EH)
items.
Josh Gerstberger, applicant, stated he would like a second dwelling unit to be able to host
family for the holidays.
No public testimony was offered concerning this matter.
In response to Chair Kirkmeyer, Mr. Nader explained the fire district requirements,
Commissioner Freeman suggested they add "shall attempt" to COA #1.A (requirements of
Mountain View Fire Protection District), and the Board agreed.
IR In response to Chair Kirkmeyer, Mr. Gerstberger indicated he had reviewed, and agreed to
abide by, the Conditions of Approval and Development Standards, as amended.
a No public testimony was offered with regard to changes made to the Conditions of Approval
and Development Standards.
Commissioner Moreno moved to approve the request of Joshua Gerstberger for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0042, for one (1)
Single -Family Dwelling Unit per lot other than those permitted under Section 23-3-30.A (second
single-family dwelling unit) in the A (Agricultural) Zone District, based on the recommendations of
Planning staff and. the Planning Commission, with the Conditions of Approval and Development
Standards, as amended. The motion was seconded by Commissioner James, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:35 a.m.
2019-3889
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HEARING CERTIFICATION - JOSHUA GERSTBERGER (USR19-0042)
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This Certification was approved on the 9th day of September, 2019.
BOARD OF COUNTY COMMISSIONERS
WEED COUNTY, COI,OJ ADO
ATTEST: the/Li ,U;ci
Weld County Clerk to the Board
arbara Kirkmeyer, Cthair
Mike Freeman, Pro-Tem
Sean ;. Conway
Steve Moreno
2019-3889
PL2700
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