HomeMy WebLinkAbout20180992.tiffHEARING CERTIFICATION
DOCKET NO. 2018-31
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0064, FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN
THOSE PERMITTED UNDER SECTION 23-3-20.A AND A HOME BUSINESS
(STORAGE OF UP TO THREE (3) COMMERCIAL DUMP TRUCKS) IN THE
A (AGRICULTURAL) ZONE DISTRICT - LORENA GARCIA
A public hearing was conducted on April 11, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair - EXCUSED
Commissioner Barbara Kirkmeyer, Pro -Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
Clerk to the Board, Esther Gesick
Deputy Clerk to the Board, Chloe Rempel
Assistant County Attorney, Bob Choate
Planning Services Department representative, Ryder Reddick
Public Works Department representative, Evan Pinkham
Public Works Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated March 15, 2018, and duly published March 20,
2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Lorena
Garcia, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0064,
for One (1) Single -Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A
and a Home Business (storage of up to three (3) commercial dump trucks) in the A (Agricultural)
Zone District. Bob Choate, Assistant County Attorney, made this a matter of record.
El Chair Pro -Tern Kirkmeyer advised the applicant, Lorena Garcia, that in the case of a tie vote,
Commissioner Moreno will listen to the record and make the determining vote.
Ryder Reddick, Department of Planning Services, presented a brief summary of the proposal
and stated the site is in violation, under cases ZCV17-0107 and BCV17-00012, which were
initiated due to the addition of a second dwelling and the operation/storage of commercial vehicles
without the necessary permits. He stated the violations have been forwarded to the County
Attorney's Office, along with the assessment of an investigation fee; however, if approved and
the plat recorded, this USR will correct the Zoning violation. If denied, then the violations will
proceed through the Court until the improper items and uses are removed from the property. He
stated staff received six letters in opposition to the application citing concern with setting a
precedence for other residents to pursue similar uses, a substantial change to the character of
the neighborhood, unsightly commercial waste storage, decreased property values, impacts to
cc: PLCRR/MM.),PWcE,P/He), V-ICLL), CT&TS)
Os/Da/r
2018-0992
PL2540
HEARING CERTIFICATION - LORENA GARCIA (USR17-0064)
PAGE 2
historic drainage through improper construction, non-conformance with the subdivision
covenants, waste dumping impacts to health, safety and welfare, dishonesty, disregard of laws,
and inadequate upkeep of the property. Mr. Reddick stated the Planning Commission
unanimously recommended denial of this application. He stated the uses are allowed under
Section 23-3-40.M through the Use by Special Review process, and through the use of Conditions
of Approval and Development Standards, the impacts or outdoor storage may potentially be
mitigated to address neighborhood concerns. He stated the site is located within the
Intergovernmental Agreement areas for the Towns of Firestone and Frederick, it is not in any
overlay districts, and the proposed use will not remove any farmland from production. He
displayed a map showing the locations of residents with concerns, reviewed photographs of the
site and surrounding area, and gave a summary of the permitted uses within one mile. He noted
the new second dwelling is very close to the initial residence, Building Inspections required the
applicants to remove the breezeway which joined the two structures, and the applicants have
ceased all construction until this permit process is resolved.
El In response to Commissioner Cozad, Mr. Reddick confirmed a building permit was obtained
by the hired contractor to convert the garage of the existing house into livable quarters; however,
no permits were issued for the second dwelling that has been erected. Responding further to
Commissioner Cozad, Mr. Choate apologized that, unfortunately, the Planning Commission did
not provide any findings to support their recommendation for denial; however, he confirmed most
of their discussion centered upon the issue of incompatibility. Mr. Choate stated he has scheduled
a meeting with the Planning Director and Planning Commission Chair to discuss this matter for
future improvement.
Ei In response to Commissioner Conway, Jose Gonzalez, Assistant Building Official, confirmed
the applicants were issued a building permit to convert the garage into livable space in the existing
house.
El Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements. He stated the property is accessed from Apache Road,
which is a paved local roadway with an average daily traffic count of 127 vehicles and 14% trucks.
He stated the application will generate an average of six (6) daily round trips; therefore, staff is
not requiring tracking control or an Improvements Agreement.
Hayley Balzano, Public Works Engineer representative, presented the drainage and grading
requirements. She stated the site meets Exception 1.A.3 for the second dwelling and 1.A.8 for
the home business, and does not require a drainage report or detention pond.
C) Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating water is provided by the Central Weld County Water District. She explained
the existing septic system is failing, therefore, a new septic system will be required to serve both
residences, and a permit application has been submitted to serve up to six bedrooms. She further
stated the three employees must have access to restrooms, so the proposed system would need
to be redesigned or they could provide a portable toilet. Ms. Light indicated no washing of vehicles
will be allowed on the site, and maintenance was not discussed, Development Standards address
waste handing, and Standards #9-18 address typical Environmental Health items.
2018-0992
PL2540
HEARING CERTIFICATION - LORENA GARCIA (USR17-0064)
PAGE 3
Lorena Garcia, applicant, stated the hired contractor was supposed to get the necessary
permits to convert the existing garage into livable space and construct the second garage and
additional house. When she called for an inspection she discovered they did not have the correct
permits, so she has been working to complete the necessary paperwork.
el John Adams -Gorton, surrounding property owner (SPO) adjacent to the north, stated he has
observed the activities at the site, but has not spoken with the owners. He stated the existing
leach field was altered by a previous owner, and they added a telephone line and a new water
line, all of which needs thorough review by the Health Department. He commented the Building
Inspectors cannot see what has already been covered and he speculated there may be improper
construction and safety issues. Mr. Adams -Gorton stated his opposition to the second residence,
which will likely be used as a rental and does not belong in a nice, rural residential setting.
Bernice Walker, SPO since 1980, referenced the Casa Grande Covenants which were
recorded October 6, 1972, restricting the lots to one residence. She expressed concern regarding
the trucking business impacting the internal residential roads, as well as the surrounding public
roadways. She stated the applicant has been observed driving his dump truck at speeds in
excess of 50 MPH, versus the standard 35 MPH, which is a safety hazard to the residents. In
response to Commissioner Conway, Ms. Walker stated there are no posted speed limit signs
internal to the subdivision, but the outlying roads are only 45 MPH.
El Responding to Commissioner Kirkmeyer, Mr. Pinkham confirmed there may not be posted
speed limit signs; however, Apache Road is County maintained and drivers would need to adhere
to residential standards.
El Jane Moore, SPO since 1975, expressed her opposition to the second dwelling and potential
increase in residents. She stated that while she is not opposed to the business; the applicant
needs to clean up the dumped waste and slow down when driving through the neighborhood.
She further stated the Covenants limit the residences to a three -car garage versus the four that
have been constructed, the house addition is unsightly, and other similar proposals have been
turned down in the past.
la Elmer Walker, SPO, stated there were no permits or inspections for the second dwelling,
which is currently a shell structure that may not be safe to complete, and regardless, he is
opposed. He complained the entire front yard is spanned with buildings and, at a minimum, the
applicants should have considered subdividing their lot into two, three -acre parcels with proper
permits for the second structure. He also expressed concern with the increased traffic and
excessive speeding which has continued despite the neighbors' complaints at the previous
hearing.
el Gary Harper, SPO across the street and 50 yards south, stated he has a direct view of the
second dwelling and clutter, which is contrary to the nature of the rural residential subdivision. In
response to Commissioner Conway, Mr. Harper stated he started to notice activity and changes
being made to the site about 1.5 years ago, and although they have ceased work on the second
structure, the Building Inspector should have stopped it sooner.
2018-0992
PL2540
HEARING CERTIFICATION - LORENA GARCIA (USR17-0064)
PAGE 4
• Thomas Moore, SPO within 500 feet, stated he is not opposed to the business, with the
exception of the speeding, which should be easily addressed. However, he is opposed to the
second dwelling, which is not compatible, is not an appropriate use of the space, and should be
dismantled. Responding to Commissioner Conway, Mr. Moore confirmed he is not opposed to
the business, as long as the driver slows down.
• Commissioner Kirkmeyer asked staff to email the Board with a copy of the plat from the Casa
Grande Estates.
• James Grabowski, SPO, expressed opposition to the second dwelling, as well as the
dumping of commercial waste in the back of the property because it is visible from the south. In
response to Commissioners Kirkmeyer and Cozad, he stated he is a 34 -year resident, and he
was aware of the Covenants, although there is no active Homeowners' Association for
enforcement. Commissioner Kirkmeyer referenced Covenant #5 which addresses who is in
charge, and she noted there are also limitations on the size and number of stories for residences.
She confirmed the County did not take over the HOA for enforcement, but there are County zoning
and building regulations that must be adhered to.
• Laurene Grabowski, SPO, expressed concern for the safety of her grandkids and pets with
trucks speeding in the neighborhood. She noted she is in the process of moving to Longmont;
however, she is still opposed to the second residence and the potential for a rental. There being
no further comments, Chair Pro-Tem Kirkmeyer closed public input.
• Juan Loera, co -applicant, stated he does not drive that fast, there are other trucks in the area
that are heavier, and he fired the contractor due to unsatisfactory work. He referenced a letter
documenting that the foundation was done correctly, and he commented the stormwater drainage
does not flow onto other sites. He stated he will stop piling concrete and metal, and take the
materials to be recycled, but commented there is no "junk" on the property because it is all used
for his business.
El In response to Commissioner Conway, Mr. Loera viewed the pictures taken by staff and
reiterated the materials stored behind the residence are used for his work and he plans to store
the needed items in the barn. He stated he was not aware of the covenants or single residence
restriction, so he hired the contractor but found he was not doing proper work and they had to
take over the project.
• Responding to Commissioner Cozad, Ms. Garcia confirmed the business is not related to
agriculture, and they have operated the business for a total of eight years, been at the subject
site for four years, the business has been there for the entire time, and they currently have one
employee, but want to grow the business.
• In response to Commissioner Kirkmeyer, Mr. Loera clarified that currently he only has one
dump truck and he doesn't drive every day. His business hauls concrete and dirt from residential
construction sites, his schedule varies from three to five days a week, and he only brings small
2018-0992
PL2540
HEARING CERTIFICATION - LORENA GARCIA (USR17-0064)
PAGE 5
items to his house that can be recycled. The contractor was hired two years ago, but was fired
one month later, although it was his understanding that they had the necessary permits so he
hired an engineer to design the rebar foundation and framing. He confirmed there is no basement,
just a crawl space, and the Engineer completed the work based on the belief that there was a
permit for the project.
In response to Commissioner Kirkmeyer, Mr. Gonzales confirmed the building permit for the
remodel was issued on March 23, 2016, and Mr. Loera acknowledged he did not read the permit
before he took over the project. Responding further to Commissioner Kirkmeyer, Mr. Pinkham
stated the property has one platted driveway access; however, staff has no permit for the
additional circle drive access to the second residence or the third access to the south. In response
to Commissioner Conway, he reiterated the site has one residential access through the platted
subdivision, and the oil and gas access was established some time later.
Ei Commissioner Cozad inquired into the second residence, and Mr. Gonzales explained the
Code requires a minimum of five (5) feet between exterior walls and three (3) feet between the
eaves. He stated when foundation work is done prior to an inspection they will accept an
engineering report to sign off on the work; however, in this case they could not inspect because
there was no permit and they never called. Commissioner Cozad referenced the Covenants
containing various standards to be abided by and enforced by the owners of the lots. Mr. Choate
agreed the County does not enforce Covenants, although he did research the matter following
the Planning Commission hearing and found nothing that terminates them. He stated it is likely
they are still valid, if this USR permit is approved it would not preclude the neighbors from bringing
a civil action against the violations, and it is within the Board's discretion to consider the
restrictions of the covenants. Mr. Reddick displayed a Google image from 2016 confirming the
circle drive was constructed some time since that time without a permit, and he also confirmed
the site is not within a geological hazard area.
El Commissioner Conway asked whether the other Board members desired to move forward
and try to mitigate, and whether there is a way to consider the second dwelling separately from
the home business. Mr. Choate agreed that is the Board's prerogative.
le Commissioner Freeman expressed support for proceeding forward and separating the two
matters.
la Commissioner Cozad stated she is not supportive of either use and expressed her frustration
with the lack of findings from the Planning Commission; therefore, she has been reviewing the
Comprehensive Plan and zoning regulations to help make proper findings of whether the criteria
have been met. She stated she is generally supportive of second homes for family when it is
compatible with the neighborhood; however, in this case, the Commercial nature of the added
business has contributed to incompatibility with the health, safety and welfare of the residents, as
well as the established Covenants. She stated it is the burden of the applicant to prove that they
meet all of the criteria to ensure compatibility with the neighborhood.
Commissioner Kirkmeyer stated she is not in favor of either use, based on the finding that
they do not comply with the intent of A (Agricultural) Zone District, which was specifically modified
2018-0992
PL2540
HEARING CERTIFICATION - LORENA GARCIA (USR17-0064)
PAGE 6
through the adoption of Covenants in 1972 that clearly state the uses are limited to rural residential
purposes. She stated the Covenants further specify limits on the number of garages, setbacks,
architectural design, temporary structures, no activity creating annoyance/nuisance to the
neighborhood, dumping, enclosed garbage receptacles, etcetera. She further stated the
Covenants are still in effect and enforceable. Additionally, Commissioner Kirkmeyer stated the
business and additional structure are not compatible with the existing surrounding land uses, or
future development. She stated it is unfortunate that the applicants were uninformed; however,
she does not support the application because there were no inspections for the work that has
been completed on the second structure, no access permits were issued for the second driveway,
and outdoor storage is not permitted.
• Commissioner Cozad added the application does not meet five of the seven criteria. It is
not consistent with Section 23-2-230.B or the Comprehensive Plan, specifically A.Goal 4, A.Policy
4.1, A.Policy 7.2, A.Goal 8, A.Goal 9, and A.Policy 9.2. She agreed with Commissioner
Kirkmeyer's comments concerning Section 23-2-230.B.2 and the specific Covenant limitations of
the rural residential subdivision which was developed with a unique vision in the Agricultural Zone
District to ensure long-term compatibility. She cited Sections 23-2-230.B.3 and B.4 and stated
the increase in truck traffic is not consistent or compatible with the existing for future surrounding
uses. Lastly, she stated the proposed uses do not comply with Section 23-2-230.B.7 concerning
the health, safety, and welfare of the County residents, specifically citing concerns with drainage
impacts from the waste dumping, and a failing septic system.
• Commissioners Freeman and Conway agreed with the previous findings and had nothing
further to add.
EI Commissioner Cozad moved to deny the request of Lorena Garcia for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0064, for One (1) Single -Family
Dwelling Unit per lot other than those permitted under Section 23-3-20.A and a Home Business
(storage of up to three (3) commercial dump trucks) in the A (Agricultural) Zone District, based on
findings as stated above. The motion was seconded by Commissioner Conway.
El Commissioner Cozad addressed the applicants and stated she appreciates their effort to
bring the property into compliance by starting to clean it up; however, there is a permitting process
for building a home or any structure to ensure their safety. She stated the Board always tries to
find ways to mitigate impacts and approve requests; however, in this case the lack of effort to
really work with the neighbors and comply with the covenants has created too many obstacles.
She expressed her thanks to the neighbors for participating in the process, and reminded them
that the applicants do still live in the neighborhood and they need to strive to work together.
• Commissioner Conway apologized for their contractor taking advantage of them, but he
commented ignorance is not an excuse. He encouraged them the reach out to the Planning
Department, as well as their neighbors, in an effort to find options and solutions for moving forward
to ensure the health, safety and welfare of the residents.
2018-0992
PL2540
HEARING CERTIFICATION - LORENA GARCIA (USR17-0064)
PAGE 7
Commissioner Freeman thanked the neighbors for attending and encouraged them to make
the covenants available to potential future homeowners so they can be aware of the rules and
make informed decisions, which may help avoid similar situations in the future.
There being no further discussion, the motion carried unanimously and the hearing was
completed at 11:48 a.m.
This Certification was approved on the 16th day of April, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: C;I�Q��w1/ w
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APP::
ounty "orney
EXCUSED
Ste Moreno, Chair
Date of signature: c ea/ �g
Sean P. Conway
a(
A. Cozad
Mike Freeman
2018-0992
PL2540
ATTENDANCE LIST
'9 -//swig
NAME
-
PLEASE
PRINT
LEGIBLY
ADDRESS, CITY,
ST,
ZIP
COUNTY
OF
SPEAKING?
�
EMAIL
RESIDENCE?
(Y /
N)
k wk. Q„, ."3", uj cALc.e- TS4f-i
7SOi WCAQ_ C?
W ct. 1 k-erelia..er
A
ei
t
cit.
cye
5
o
titx
`a�
lb
4690W
d� CAJA-14-IR
7.50 � kfi-Q..i�
en v ,1) i � �v' f� � �? �
I ,v
���r`t,(15
I 40L , Cowl
ii
La ataittcy,
'D1M,
,`
_
lcl(ctaNOrOrk.al6oE�gMA;1
Cnrri
1k')e_lci
V►""`cnc-ain,
\a‘n 11
( nom
0i0o\
Pk
2A.
ci:Nr\if V
.
WC R
lc
Jailiwei
SA'AgoosAi
o
qi n-pfieLe, 64
hco/,e3/3
�f4ba c��,
y
��)z�t�
go�
_
ei Ak Genreowv(
906/
welce
aalut.
y
sictlit
ci
)
5
O.-
,.
cc
-)acice• Ronce z--,_
Ain-
ulc/d
/
r
is -,cvr..C, �l..uLa{
zJ ,_
voco,
ECIZti- Lai
L
3036 " C49-
I e
4;4„ v�.7
b
mo0rt
loL
)7
({
9Ve7
e
1A7
A7 0) tglf) (
17-1
6.c._
nnvne- t r oriz!i
92,4k XeC t
by 497ssjjur
tAr_it
near i}aw 3
149 Ca7
G
c -try } - )c
9.
\ \
i t )7 c e__,
ateR )
v.- c2._ )
y
(6r
%
i
(I
t ilkAciN
(c.ke.,
/3 23 s' c ,e. isonskii7--1 ca, irlisoy
Aiuom, i;i4,3,,,,)
1j45t0 Imah,
5,ott
O r""",r
AA,o,,A.)
t/"e�ac"tio.,,.c-.,..�
Hello