HomeMy WebLinkAbout20183584.tiff HEARING CERTIFICATION
DOCKET NO. 2018-123
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0068, FOR ACCESSORY BUILDINGS WITH A GROSS FLOOR AREA LARGER
THAN FOUR PERCENT (4%) OF THE TOTAL LOT AREA, AS STATED IN SECTION
23-3-30, 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-ALLEN AND ELSIE CLARK
A public hearing was conducted on November 14, 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
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Frank Haug
Planning Services Department representative, Diana Aungst
Public Works Engineer representative, Mike McRoberts
Health Department representative, Lauren Light
The following business was transacted:
O I hereby certify that pursuant to a notice dated October 1, 2018, and duly published
October 4, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request
of Allen and Elsie Clark, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0068, for accessory buildings with a gross floor area larger than four percent (4%) of the
total lot area, as stated in Section 23-3-30, 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. Frank Haug, Assistant County Attorney, made
this a matter of record.
• Chair Pro-Tem 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 Chair Moreno
excused.
• Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
and stated the applicant is requesting a Use by Special Review (USR) to keep outbuildings on
the property that exceed four percent (4%) of the total lot area. She provided the site location and
indicated eight (8) referrals were sent out in which five (5) were returned without concerns or with
comments which were in the staff recommendation. Ms. Aungst explained the applicant originally
applied to construct a detached garage and remove the outbuildings; however, after the garage
was built, the applicant made the decision to apply for a USR to keep the three (3) accessory
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O1l03(,� PL2606
HEARING CERTIFICATION -ALLEN AND ELSIE CLARK (USR18-0068)
PAGE 2
buildings. She explained the four percent (4%) rule for accessory buildings and described
surrounding land uses. She stated 22 surrounding property owners (SPO) were notified of this
application and two (2) letters of support were returned from SPOs. She indicated the site is not
located within the three (3) mile referral area of any municipality or any existing Intergovernmental
Agreement (IGA) area. She presented images of the site and surrounding views and entered the
favorable recommendation of the Planning Commission into the record as written.
Mike McRoberts, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, and stated the site accesses off of County Road (CR) 19.
He stated no tracking control or detention is required for this application and presented the
drainage and grading requirements.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, and stated water to the existing residence is provided by a domestic well. She
indicated the existing residence also has a septic system permitted for three (3) bedrooms, and
Development Standards (DS) #9-11 address Environmental Health items.
ki Allen Clark, applicant, in response to Chair Pro-Tem Kirkmeyer, indicated he had reviewed
the Conditions of Approval and Development Standards, as presented, and indicated the use for
the accessory buildings is for vehicles.
• No public testimony was offered concerning this matter.
• Ms. Aungst recommended Condition of Approval (COA)#1.A.4 has the wrong CR and should
state CR 19.5.
El Commissioner Freeman recommended deleting DS #3, and #13 and Chair Pro-Tern
Kirkmeyer suggested deleting DS #5. Commissioner Cozad recommended deleting DS #6 and
#12, and explained this application is for personal use, rather than a business. Chair Pro-Tem
Kirkmeyer recommended deleting DS #15.
• In response to Chair Pro-Tem, Mr. Clark indicated he had reviewed, and agrees to abide by,
the Conditions of Approval and Development Standards, as amended.
• Commissioner Cozad moved to approve the request of Allen and Elsie Clark for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0068, for accessory
buildings with gross floor area larger than four percent (4%) of the total lot area, as stated in
Section 23-3-30, 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, 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 10:17 a.m.
2018-3584
P12606
HEARING CERTIFICATION -ALLEN AND ELSIE CLARK (USR18-0068)
PAGE 3
This Certification was approved on the 19th day of November, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: da4„,,, ��;(A EXCUSED
St e Moreno, Chair
Weld County Clerk to the Board
rbara Kirkmeyer Pro-Tem
BY:?elltetmeend
Deputy lerk to the Board ,
Sean P. Conway
1E4 // 7(7/ /
AP,R /ED AS RM: • C _� e
,�,.�.at'>•��� ,!j� Te A. ozad
1861
i
County A orney
�1' ike Freeman
Date of signature: 12/12/MR ~ter'
2018-3584
P12606
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