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Home My WebLink About20181678.tiffINVENTORY OF ITEMS FOR CONSIDERATION Applicant Leslie Anne Windyka Case Number USR18-0009 Submitted or Prepared Prior to Hearing At Hearing PC Exhibits 1 Letter from Norman W. Yurk received 8/9/2018 X 2 E-mail from Sharon Shaffer received 6/2/2018 X 3 E-mail from John & Judieth Hillman received 6/4/2018 X 4 Photos submitted by Rodney Williams X 5 Property valuation submitted by Rodney Williams X 6 Violation Case VI -0200172 timeline submitted by Sharon Shaffer X 7 Aerial property Map submitted by Sharon Shaffer X 8 USR-1433 resolution submitted by Sharon Shaffer X 9 ZVC17-00129 site inspection record submitted by Sharon Shaffer X 10 Photos submitted by Sharon Shaffer X 11 Berryman Farm PUD site plan submitted by Kathy Berryman X I hereby certify that the 11 items identified herein was submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Chris Gathman — Planner e d April 18, 2018 Weld County Planning Services Attention: Chris Gathman, Planner Re: Case Number USR-18-0009 01 HAY Dow I ; YF.fln'rj 20:s ICE Dear Chris} i, Norman Yurk own the property adjacent to and just West of Leslie Anne Windyka's property located at 2562.1 County Road 54 mg, Kersey, Colorado, 80644. I live at 25615 County Road 54 , Kersey, Colorado, 80644, There is to be a public hearing on May 15, 2018 at 12:30 P.M. at the Weld County Planning Commission to allow Leslie Windyka to run a Kennel with up to 17 dogs and 2 cats on her property. She also wants to run an automobile repair shop on her property. I object to both of Leslie's requests for these reasons: 1. My property's value will decrease because of the noise and traffic 2. 1 do not want to hear barking dogs 3. 1 do not want to look at her property that is already in disrepair with weeds and clutter with more cars. She has cars parked in her yard now and her son has been doing car repairs there for years. Having more cars and traffic in and out of her driveway would be noisy and disrupting for me, my property and my neighbors. Her fence around the property and across her locked driveway has draped canvas on it, making it look like a fortress. 4. When talking to her across the fence, she wears dark glasses and a hat and is a very secretive person who trusts no one. 5. I feel her property is a menace to the neighborhood and she should not be allowed to get by with what she is doing now and should not be granted a Use By Special Review by the planning commission of Weld County Colorado to run a kennel or a car repair shop. Sincerely, Norman W. Vurk --st-ermorei "'neer/ devise1/21---tc-- esee;eidocir7 �Gr/Ld-ems' From: Sharon Shaffer [rnailto:rIshafertruck ng@gmaiLLcor ] Sent: Saturday, June 02, 2018 8:21 PM To: Chris Gathman <cgathman@weldovacom> Subject: Case#: USR1S-0009 Leslie Anne Windyka Mr. Gathman, In regards to the USR 18-0009 specifications, we Ronald L Shaffer & Sharon L Shaffer find the requirements of this applicant not within the reasonable restrictions of the county's laws. We have lived here since 1996 with Leslie moving here appx. In 2002/2003. She has conducted her business or puppy mill since then all the while being out of compliance with the county's rules. She has continued to add to and never decreasing any of the abonded vehicles (20+) which as a concerned neighbor feel could be a grave endangerment to her grandchildren who visit periodically during the month. In regards to her regarding health and safety of others, her dogs have had mange before as she stated to me in 2003, as she came into my home and exposed me and my family and grandchildren to her disease with no regards to safety. We do not support her application. Ronald L and Sharon L Shaffer June 2, 2018 Front; JUDIETH Hillman [ma lto:ilhilimanmsrt.cam] Sent: Ivlonday, June 04, 2018 3:23 PM To: Chris Gathrnan ccgathma n@weIdgov.com> Subject: Leslie Anne Windyka Case LJSR1S-009 Concerns from: John & Judieth Hillman address; 25644 County Road 54 1/4, Kersey 80644 In response to the hearing being held on May 15, 2018, for Leslie Windyka related to her request to run a kennel for up to 17 dogs and 2 cast on her property, we have the following concerns: 1) believe our property value will decrease 2) She has lived there for several years, and only recently has she done minor maintenance. Believe is may only be due to her permit request and there are no assurances that it would continue if approved. 3) Have a concern with the number of abandoned vehicles that are stored in the back portion of her property. Believe these could be locations where snakes and other unwanted animals/pests (mice, rats, cats, etc.) could nest and potentially invest other properties. 4) have no assurances that vehicles that are stored on her property are those of the "property owner" and if they are all legal to be stored on the property 5) also believe that these vehicles and the landscaping could be a potential fire hazard (more so than other properties in the area) 6) have a concern on whether she has the appropriate permits, insurance, etc. to have a kennel for that many animals. But also have a concern about the health of the animals in her care and is the size of her property appropriate area for the number of animals she has. 7) have a concern that she has not be required to meet sanctions that were placed on her from earlier incident from early 2000s and has been allowed to continue to submit her request for the kennel (and the auto repair which has been removed) without first fulfilling those requirements. 8) the condition and type of fencing she has on the outside of her property is very poor and with the "gated" entrance is a concern For the above and other reasons, we do not believe that she should be granted "Use by Special Review" status for the kennel (nor the auto repair which was removed). Judieth & John Hillman a few' 0 Eck an _ Iry-d F !stew -.,� • RECENTLY SOLD 25641 County 1/4, oad 54 KERSEY, CO 80644 Zestimate: $487,255 4 Beds • 3 Baths • 3,000 Sq Ft els EDIT FACTS LIST HOME ADD PHOTOS Your Home Value Zestimate $487,255 ZESTIMATE RANGE $448,000 - $S12OCO LAST 30 DAY CHANGE W !-HiE! St I _ 1! of Amenities Kersey 25621 County Road 54 1/4, Weld, CO 80644 3 beds • 2 baths • 1,000 sqft Edit NOT FOR SALE Zestimates: $302,184 Rent Zestimate!: 1,595/me Est. Refl. Payment 1,556/me Get pre -approved • 25621 County Road 54 1/41 Weld, CO is a single WeLd County E -Permit Center Register for an Account Login Home Planning Building Public Works Health New Complaint Search Applications Record VI -0200172: Enforcement/Zoning/New Enforcement Case/New Record Status: Closed Record Info v Processing Status Payments Custom Component v Complaint Due on TBD, assigned to TBD Marked as Complaint Validated on 03/1812002 by $JS Violation Due on TBD, assigned to TBD Marked as LTTR: 5 Day Letter on 0510812002 by BJS /az Due on TAD, assigned to TBD Marked as LTTR: Violation Notice on 07115/2002 by BJS Due on TtD, assigned to T80 Marked as LTTR: Hearing Notification on 031112003 by BJS civew BOCC Hearing Due on 0611112003, assigned to TBD Marked as Referred to Legal on 03/11/2003 by Bethany Salzman ir Legal Action Due on 04130/2007, assigned to Diane Beckman Marked as Legal Action Pending on 02/05/2008 by Bethany Salzman %DO3 ‘\t-iscs\ik 4,2D0g n acraft_thee tticwaecttielci, Due on 04/30/2007, assigned to Diane Beckman Marked as Compliance on 05/2912008 by BETHANY SALZMAN w Closed Due on 05/29/2008, assigned to TBD Marked as Closed on 05/29/2000 by BETHANY SALZMAN P2Trustwave ��vstt.ci COMmarce* S.ri era rya nrg c rtrn ntid by tra istwave Commerce H 4j , Weld County E -Permit Center Ft L� Register for an Account Login Home Planning Building Public Works Health New Complaint Search Applications Enforcement IF Record VI -0200172: Enforcement/Zoning/New Enforcement Case/New Record Status: Closed Record Info Payments Work Location Custom Component 25621 WCR 54.25 Weld County CO Record Details Applicant: WINDYI(A LESLIE ANNE 25621 CR 54.25 MERSEY, CO, 806440839 Home Phorne:9703500853 Owner: WINDYKA LESLIE ANNE 25621 CR 54.25 KERSEY OD 80644-0839 United States 'More Details n Related Contacts Compliance Officer information Bethany Salzman Zoning Compliance Officer Ii 918 10th St Greeley, CO, 80631 Home Phone:97035361003555 Fax:9703046498 E-mail: bsaizrnan@co.weld.co.us information PETERS ALLAN (COMPLAINT) Home Phone:9703535591 Project Description: Kennelwwlout permit & auto garage wfout permit **03/11/03 - BOCC referred this case to the CA's Office, but delayed legal action for 90 days. KS Complainant information Home Phone:3527547 096 RESOLUTION RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1433 FORA KENNEL, JUNKYARD, AND A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE C0IIMERCIAL OR INDUSTRIAL ZONE DISTRICTS (VEHICLE SERVICE/REPAIR) IN THE A (AGRICU LTU L) ZONE DISTRICT a LESLIE 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 12th day of November, 2003, at the hour of 10:00 a.m. in the Chambers ofthe Board for the purpose of hearing the application of Leslie W irld yka, P.O. Box 839, Kersey, Colorado 80644, for a Site Specific Development Plan and Use by Special Review Permit #1433 for a Kennel, Junkyard, and a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (Vehicle Service/Repair) in the A (Agricultural) Zone District on the following described real estate, to -wit: Lot A of Recorded Exemption #2174; being part of the N'1 /2 SE1/4 of section 20, Township 5 North, Range 4 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Patrick Groom, 822 7th Street, Suite 760, Greeley, Colorado 80631, at said hearing, and WHEREAS, Section 23-2-230 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 of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be denied for the following reasons: 1. It is the opinion of the Board of County Commissioners that the applicant has not shown compliance with Section 23.2-230.5 of the Weld County Code as follows: a. Section 23-2-230.B.3 -- The uses which would be permitted are not be compatible with the existing surrounding land uses. The surrounding property to the north is currently agricultural; however, according to the Town of Kersey, there are plans for it to be developed as residential housing. The Latham Ditch and the Union Pacific Railroad, do not provide an adequate buffer between the the property in question, and proposed residential development. 1111111 11111 liii Ill I I I II UI I 1111 II II I Il NI 111111111 liii Q131096 1211912,0D3 10:51A Weld County, GO 1 of 3 II 0,00 ® OM Sieve Moreno Clerk & Recorder 2003-2956 PL1689 615 401/1,12143 SPECIAL REVIEW PERMIT #1433 - LESLIE 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 and 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 subject property lies within the Intergovernmental Agreement Area (IGA) for the Town of Kersey, In a referral received November 5, 2003, the Town of Kersey recommended denial of the application because it is inconsistent with the Town's Comprehensive Plan and existing residential uses; the maximum number of dogs allowed is too high; it Is silent as to how many puppies will be allowed; it does not address the maximum number of animals by number or species of all animals allowed on the site; and it does not address the storage and/or disposal of car parts. 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 screening will be inadequate to protect adjacent properties from nuisances, including noise caused by the proposed uses, and the one -acre lot is insufficient in size for both a kennel and junkyard. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, thatthe application of Leslie Windyka fora Site Specific Development Plan and Use by Special Review Permit #1433 for a Kennel, Junkyard, and a Use Permitted as a Use by Right, an Accessory Use, or a Use bySpecial Review in the Commercial or Industrial Zone Districts (vehicle service/repair) in the A (Agricultural) Zone District on the parcel of land described above be, and hereby is, denied. 111111 11111 1111111111111111111111111111 III 11111 III �I�I 3137096 12/1912003 1Q;51A Weld County, CO 2 of 3 R U.00! D 0.00 Stella Moreno Clerk & Recorder 2003-2956 PL1689 SPECIAL L REVIEW PERMIT #1433 - LESLIE WINDYKA PAGE The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th clay of November; A• D . r 2003. Weld County Clerk t BY: Deputy Clerk to the APPRO AS County Atto C Date of signatures A I ilitU hUt hI 1\\IU�1111111 1111 1M11111i11ti 3137096 12119/2003 10.51A Weld Couoty, CO 3 ot 3 RI 0.08 d 0.00 Steve Moreno Clerk & Recorder Robe !a ,Masn, Pro- em ARO OF COUNTY COMMISSIONERS D COUNTY COLORADO J. Gete Willis 1,41 Glenn Vawad 2003-2958 PL1689 WeLd County E -Permit Center Home Planning Building Public Works Health New Complaint Search Applications Enforcement Registe t ran Account Login Record ZCV17-00129: Enforcement/Zoning/Enforcement Case/NA Record Status: Legal Action CC Record Info v Payments v Work Location Custom Component 25621 CR 541/4 WELD CO 80644 Record Details Project Description: Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-30.1, 23-3-40 and 23-3-40.H 20+ cars on the property PLUS more than 4 dogs "More Details Related Contacts Compliance Officer information Bethany Pascoe Zoning Compliance Officer II 1555 N 17th Avenue Greeley, CO, 80631 Home Phone:9704003555 Fax:9703046498 E-mait:bpascoe@weldgov.com Complainant information SHARON SHAFFER Co Home Phone:9703963610 © Application Information Parcel Information Parcel Number: 096320400034-R7501398 Parcel Area: i Owner: WINDYKA LESLIE ANNE PO BOX 839 KERSEY CO 80644 County Attorney information Karin McDougal Weld County 1150 0 St Greeley, CO, 80632 Home Phone:9703367235 Fax: 9703520242 E-mail: kmcdoucgal@weldgov.com Legal Description: PT N2SE4 20-5-64 LOT A REC EXEMPT RE -2174 Land Value: 35500 Zoning Code Inspection (1534446, Optional) 25621 CR 541/4 WELD CO 80644 Status Noncompliance 5/25/201812:00 AM Desired Date: TBD Last updated Bethany Pascoe 6141(2018 3:55 PM View Status History View Result Comments Status History Details Record ZCV17-00129 Enforcement/Zoning/Enforcement Case%NR Showing 0-0 of 0 Status Status Date/Time Inspector Update Time Updated By Result Comments No records found. Result Comments Showing 1-1 of 1 Bethany Pascoe {6/4/2018 3:55 PM) During a "pre -scheduled" on -site inspection with Leslie Windyka, Chris Gathman, Christopher gimbal (ACC), Erin Lord (4CC) and myself, Bethany Pascoe, the following items were noted: the inspection started with Ms. Windyka being upset that Animal Control was present for the inspection with Chris G and I. She kept stating that we did not explicitly tell her that AC would be present for the inspection. I attempted numerous times to explain that they are part of Weld County and Chris G had scheduled the inspection on Tuesday (05/22/2018) and told her that staff would be out to inspect the entire property on Friday (05/25/2018) at 3 PM. She agreed. However, upon arrival, Ms. Windyka denied access to the kitchen area where approximately 15 of the 24 dogs were located. She kept referring to silica sand that someone must have put down her watering system. She showed us a small baggie of this sand and because of this and her powerpoint presentation, she had not had the opportunity to finish preparing the property the way she would have preferred. She did however, allow us into an outbuilding, where we saw 9 dogs separated out amongst approximately 6 cages. I saw clippings (like what I would expect in hamster cages} in the cages and bags of waste clipping with dog fecal matter. She also had approximately 6 rabbits, in a separate room. She had at least 2 cooler type units running and explained another was getting ready to be installed. Upon exiting the building and walking around the outside, we saw 12-15 derelict vehicles. There were areas where Ms. Windyka was installing a realty nice wooden fence around some of them. While outside looking at the "proposed" doggie run, Ms. Windyka indicated that the dogs had not been outside since 2003. In front of the other individuals, I specifically asked, now Leslie, I am not sure I understood you correctly. Did you just say you have not allowed the dogs outside to play or run since 2003. She said well yes Bethany, I love my dogs and between the lasers and sonic waves, I just couldn't risk it. I said okay, I was just checking to see if I understood correctly. Later she pointed out the vehicle that her son would be fixing for her to use. See pictures dated 05/25/2018. collapse Related Inspections Showing 0-0 of 0 ID Inspection Name Relationship Status No records found. I ' i' 4 fr 4 S • 4 • peso 'tit tri Al a 4 *IR r t =_- 1_1 slaps 14 Pi lb c * 411. ilau.I 1Iii II 'HMI ill mintget nos WC MEW R 1 tie 1 n rt Z MI I 11etRw PornociffOil Rents st 1O•NrN 41,14144 - a .2 r —.f i r v� tr9£...s'YiY® i I 1 !�1 I Ifni IfJ✓- y.i i♦A7 1'.' �} R 1L �,I ? / . m. . =; ,' •' a. 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