HomeMy WebLinkAbout20182621.tiffHEARING CERTIFICATION
DOCKET NO. 2018-79
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0049, FOR A 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 - SHAWN AND
SUSAN WIANT
A public hearing was conducted on August 29, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair - EXCUSED
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman - EXCUSED
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Engineer representative, Evan Pinkham
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated July 20, 2018, and duly published July 25,
2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Shawn
and Susan Wiant, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0049, 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.
Bob Choate, Assistant County Attorney, made this a matter of record.
IR Chair Pro-Tem Kirkmeyer instructed the applicant and reviewed for the public, with two (2)
of the five (5) Commissioners being excused, the vote must be unanimous for the case to be
approved. The applicant agreed to proceed.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated the eight (8) acre site is located within the three (3) mile referral area of the Town of Hudson
and Adams County. He indicated the parcel was created by Recorded Exemption, RECX13-0027,
and there is an existing residence on the property. Mr. Ogle stated the applicant is proposing a
second dwelling as a rental income residence. He described the nearest residences and claimed
there has been no correspondence received regarding this application. Mr. Ogle indicated 12
referral agencies reviewed the case, and three (3) offered comments that have been considered
in the staff recommendation. He displayed images of the site and surrounding views and entered
the favorable recommendation of the Planning Commission into the record as written.
Evan Pinkham, Public Works Engineer representative, provided a brief overview of the
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2018-2621
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HEARING CERTIFICATION - SHAWN AND SUSAN WIANT (USR18-0049)
PAGE 2
transportation plans and stated the site accesses onto County Road (CR) 45, which will require
an Access Permit. Mr. Pinkham presented the drainage and grading requirements and stated the
site meets an exception for drainage requirements. In response to Commissioner Cozad, Mr.
Pinkham stated the applicant is using an existing access site and that the Access Permit will be
required when the second dwelling is built; however, there are no issues related to issuing the
new Access Permit.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated water services will be provided by a shared well or a new drilled well. She
mentioned there is a Condition of Approval (COA) that requires a septic system be installed for
the second dwelling prior to the issuance of the Certificate of Occupancy. Ms. Light stated
Development Standards (DS) #9-10 are Environmental Health items and there are no outstanding
issues with the application.
Shawn Wiant, applicant, stated the proposed eight (8) acre parcel was primarily used to
grow wheat, which was not productive. He explained there is an existing 1914 farmhouse and he
wants to add the second dwelling as a rural rental property. Mr. Wiant stated they will drill a new
well and propose two (2) separate septic systems. He pointed out the house and the access on
the map and stated the existing access is shared with the neighbor to the south and they have a
good agreement amongst themselves.
No public testimony was offered concerning this matter.
In response to Commissioner Conway, Mr. Pinkham reiterated there is no existing Access
Permit, nor are there problems that would delay obtaining an Access Permit. Mr. Pinkham
indicated the access meets spacing requirements and criteria and the Access Permit is necessary
to document it. In response to Commissioner Cozad, Mr. Pinkham stated the applicant can easily
apply and receive the Access Permit due to the access already being built. He also mentioned
there is no fee associated with the application. In response to Commissioner Cozad, Mr. Wiant
stated there is not currently an entrance gate; however, there will be one once the cattle fencing
pasture is completed. He described the gate to be approximately 75 feet and accessible to trailers
and there would be an access through the gate to the south property, as well as, the rental
properties.
In response to Chair Pro-Tem Kirkmeyer, Mr. Wiant indicated they have reviewed, and agree
to abide by, the Conditions of Approval and Development Standards, as presented.
"` Commissioner Cozad suggested deleting Development Standard (DS) #3 regarding noxious
weeds, DS #4 regarding maintaining the access, and DS #5 regarding parking or staging of
vehicles. Chair Pro-Tem Kirkmeyer recommended deleting DS #13 regarding personnel from
Weld County being granted access to ensure compliance. The Board agreed to these deletions.
• In response to Chair Pro-Tem Kirkmeyer, Mr. Wiant indicated they have reviewed, and agree
to abide by, the Conditions of Approval and Development Standards, as amended.
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HEARING CERTIFICATION - SHAWN AND SUSAN WIANT (USR18-0049)
PAGE 3
Commissioner Cozad moved to approve the request of Shawn and Susan Wiant for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0049, 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, based on the recommendations of
Planning staff and the Planning Commission, with the Conditions of Approval and Development
Standards as amended and entered into the record. The motion was seconded by Commissioner
Conway, and it carried unanimously. There being no further discussion, the hearing was
completed at 10:45 a.m.
This Certification was approved on the 5th day of September, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dithA)
Weld County Clerk to the Board
BY:
uty Cler. o ' e Board
ounty Attorney
Date of signature:
/
EXCUSED
StMoreno, Chair
Barbara Kirkmeyer
Sean =. onwa
EXCUSED
Mike Freeman
2018-2621
PL2572
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