HomeMy WebLinkAbout20181667.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING USE BY SPECIAL REVIEW PERMIT,
USR18-0009, FOR A KENNEL FACILITY (FOR UP TO 17 DOGS AND 2 CATS) IN THE
A (AGRICULTURAL) ZONE DISTRICT - LESLIE ANNE WINDYKA
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 30th day of
May, 2018, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of hearing
the application of Leslie Anne Windyka, 25621 CR 54.25, Kersey, CO 80644, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0009, for a Kennel Facility (for up
to 17 dogs and 2 cats) in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
Lot A of Recorded Exemption, RE -2174; being part
of the N1/2 SE1/4 of Section 20, Township 5 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board heard all of the testimony and statements of those present and
reviewed the request of the applicant and, having been fully informed, deemed it appropriate to
continue the matter to June 20, 2018, at 10:00 a.m., to allow the applicant to present to the
Planning Commission on June 5, 2018, and
WHEREAS, on June 20, 2018, the applicant was present, and
WHEREAS, Section 23-2-40 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the unfavorable recommendation of the
Weld County Planning Commission and, having been fully informed, deemed it advisable to deny
this request for the following reasons:
1. It is the opinion of the Board of County Commissioners that the applicant has not
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.B.3 -- The uses which would be permitted are NOT
compatible with the existing surrounding land uses. The proximity to
adjacent residences and general location is not compatible with the
neighbors. Many surrounding property owners testified that the constant
barking, derelict vehicles, and health hazards regarding waste are of
concern and have been since the prior denial. Furthermore, the Town of
Kersey submitted a letter dated June 13, 2018, requesting denial, as the
site falls within the Cooperative Planning Agreement area established
between the County of Weld and the Town of Kersey, and citing several of
the aforementioned concerns.
4415616 Pages: 1 of 3
07/17/2018 12:52 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
uiji �1�?Pu�r'Lr '�h�l'l:ti� Nr:� �6 1�+ iE�1�F'� 11Y4rh 11111
cc.:Pt_crnnnicco),PwcEP/ttb),
E,Hce ),cam-cgCfFH),
crpc-rs.), c PPL 2018-1667
Ol/9O/tom PL1689
DENY USE BY SPECIAL REVIEW PERMIT (USR18-0009) - LESLIE ANNE WINDYKA
PAGE 2
B. Section 23-2-230.B.4 -- The uses which would be permitted are NOT
compatible with future development of the surrounding area, as permitted
by the existing zoning, or 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 Town of Kersey has requested this application be
denied due to proximity to future residential property owners, the probable
inability of the applicant to consistently keep seventeen or more dogs quiet,
the health and sanitation issues associated with a large number of animals
on a small residential lot, and the health and sanitation issues associated
with the storage of multiple vehicles in various states of repair in close
proximity to other residential lots. Due to the Cooperative Planning
Agreement and the unanimous recommendation for denial from the
Planning Commission, the Board supports the denial as it does not appear
to be compatible with current or future development.
C. Section 23-2-230.B.7 -- 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 will NOT
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County. The
number of animals and vehicles stored on one acre is not sufficient space
to adequately manage the sanitation and health hazards associated with
such Uses and will negatively impact current and future residences.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Leslie Anne Windyka, for a Site Specific Development
Plan and Use by Special Review Permit, USR18-0009, for a Kennel Facility (for up to 17 dogs
and 2 cats) in the A (Agricultural) Zone District, on the above referenced parcel of land be, and
hereby is, denied.
4415616 Pages: 2 of 3
07/17/2018 12:52 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
lIII POPACl al , ril'IN FarliaKI NVEl i BIM
I
2018-1667
PL1689
DENY USE BY SPECIAL REVIEW PERMIT (USR18-0009) - LESLIE ANNE WINDYKA
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following unanimous vote on the 20th day of June, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: c% 'ci
St ,ve Moreno, Chair
Weld County Clerk to the Board
BY:
Deputy Clerk to the
APP !VED AS
County Attorney
Date of signature: 07--/-/S
Mike Freeman
4415616 Pages: 3 of 3
07/17/2018 12:52 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
rbara Kirkmeyer
Sean P. Cgpway
Julie A. Cozad
ro-Tem
2018-1667
PL1689
Hello