HomeMy WebLinkAbout20172355.tiffHEARING CERTIFICATION
DOCKET NO. 2017-69
RE: ACTION OF BOARD AT SHOW CAUSE HEARING, PCSC17-0003, CONCERNING USE
BY SPECIAL REVIEW PERMIT, USR16-0003, FOR A USE PERMITTED AS A USE BY
RIGHT, ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (STORAGE FOR FIVE (5) STEP DECKS (SEMI-
TRAILERS), EIGHT (8) VANS, TWO (2) CARGO CONTAINERS (SEA BOXES), ONE (1)
GOOSENECK, ONE (1) CAR HAULER, TWO (2) GRAVEL TRAILERS, ONE (1) DUMP
TRUCK, ONE (1) SIDEKICK TRUCK, FOUR (4) LOADERS, THREE (3) SEMI -
TRACTORS, STACKED ANGLE IRON, RODS, PIPERACK AND PIPES) PROVIDED
THAT THE PROPERTY IS NOT A LOT 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 - ROGER AND SHERYL HILL
A public hearing was conducted on August 9, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Stephanie Frederick
Assistant County Attorney, Bob Choate
Planning Services Department representative, Diana Aungst
Public Works Department representative, Janet Lundquist
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated July 25, 2017, and duly published July 28,
2017, in the Greeley Tribune, a public hearing was conducted to consider the request of Roger
and Sheryl Hill, for a Site Specific Development Plan and Use by Special Review Permit,
USR16-0003, for a Use permitted as a Use by Right, Accessory Use or Use By Special Review
in the Commercial or Industrial Zone Districts (storage for five (5) step decks (semi -trailers), eight
(8) vans, two (2) cargo containers (sea boxes), one (1) gooseneck, one (1) car hauler, two (2)
gravel trailers, one (1) dump truck, one (1) sidekick truck, four (4) loaders, three (3) semi -tractors,
stacked angle iron, rods, piperack and pipes) provided that the property is not a lot 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, Bob Choate, Assistant County
Attorney, made this a matter of record.
Ei Diana Aungst, Department of Planning Services, presented a brief summary of the violation
which resulted in the Show Cause Hearing. She reviewed the location of the site and stated the
property entered the violation on October, 2012. USR16-0003, was conditionally approved by the
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County Commissioners on May 11, 2016, which allowed a specific number of vehicles,
surrounded by an opaque fence. Ms. Aungst presented a summary of the allowed equipment
and a non-commercial junk yard; however, the fence still has not been completed. She displayed
photos of the equipment which will remain on the property and she displayed photos that were
submitted by the applicant this morning. She explained for the Board the different action options
available for them to consider.
El In response to Commissioner Conway, Ms. Aungst stated the primary thing that still needs
to be done is installation of the fence; however, all the other items that staff requested be removed
has been done.
• Chair Cozad clarified the two (2) vehicles the applicants are requesting be added to the USR
are for commercial use and the Board cannot determine a change to the USR at this meeting,
furthermore, the vehicles are considered a violation.
• In response to Commissioner Freeman, Ms. Aungst clarified, on her last visit to the site there
were still a lot of rims and tires to be removed, and although the applicant may have cleaned that
up, the fence is still not constructed.
• Sheryl Hill, applicant, stated the rim racks have been removed, except for the one against
the fence that has been constructed. She explained the material around the red semi -truck and
the materials will be removed; however, the vans get moved daily, so they won't be in the fenced
area. She reported they have enough fencing to do the west side panel, but they are still waiting
for the funds to complete the rest of the fence.
• Chair Cozad clarified the items that need to be done: the tires must be removed and the
timing for the completion of the fence. Ms. Hill stated the west side panel will be completed today,
pending the weather, which is the whole side along the road. She stated the east side and on the
north side they will install a gate and more fence and will need another month to complete the
fence. Ms. Aungst stated if they want the vehicles added to the USR they will need to apply for
a minor amendment.
• Ms. Hill said the rim racks will be removed but they will have other racks for the iron storage.
• In response to Commissioner Moreno, Ms. Hill stated the cement needs to be put in the post
holes and the west side of the fence will be finished by the end of the week.
• Kim Cecil, surrounding property owner (SPO), reported she took pictures of the site from
the previous day and the applicants have cleaned up the yard quite a bit. She expressed her
frustration about the time it took to clean up the property and wants to know what her options are
to report future violations.
Chair Cozad stated the applicant is to remain in compliance with the Use by Special Review
Permit and the neighbors must report violations, because staff doesn't always go to the site.
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• Commissioner Kirkmeyer expressed her frustration with the applicants and asked Ms. Cecil
what she would like to see as the consequence. In response to Commissioner Kirkmeyer,
Ms. Cecil stated the applicants have had too many chances.
• Commissioner Freeman expressed his frustration and understands Ms. Cecil's frustration
with how much time this has consumed.
▪ Ms. Cecil reviewed at the last hearing, Roger Hill, applicant, told the Board he would comply;
however, no fence has been built and more materials are being brought in.
• Commissioner Kirkmeyer expressed her appreciation for Ms. Cecil coming in and expressing
her concerns. She stated it is not the neighbor's responsibility to make sure the site is complying.
Commissioner Kirkmeyer stated this property has been in violation since 2012, and she is in
support of revoking the permit.
• Commissioner Freeman stated he is also in support of revoking the USR permit.
• Commissioner Moreno stated he recognizes the effort to clean the site, but he is in favor of
revoking the USR permit.
• Commissioner Conway stated he appreciates the work that the applicant has completed but
the only time the property is cleaned is when it is brought in front of the Board and they are forced
to act. He explained this has been going on for five (5) years.
• Chair Cozad explained this property is in the Agricultural Zone District and the USR permit
is a privilege. The Board does consider compatibility for the Agricultural Zone, so it won't impact
the neighbors and she doesn't have confidence that the fence will be built. She explained the
applicants will need to be in compliance or there will be other consequences.
• Ms. Aungst stated the County Compliance Officer has requested, if the Board revokes the
USR that they refer the matter to the County Attorney for immediate legal action.
• Commissioner Kirkmeyer stated because the fence has not been constructed, the applicant
is in violation, and she referred to Development Standard DS #10 stating the iron rod shall be
stacked behind a fenced area. Furthermore, the site is not in compliance because the applicant
has brought in additional materials that are not in compliance with the USR. She stated the
applicant is not in compliance with DS #25 and #26.
Commissioner Kirkmeyer moved to revoke Site Specific Development Plan and Use by
Special Review Permit, USR16-0003, for a Use permitted as a Use by Right, Accessory Use or
Use By Special Review in the Commercial or Industrial Zone Districts (storage for five (5) step
decks (semi -trailers), eight (8) vans, two (2) cargo containers (sea boxes), one (1) gooseneck,
one (1) car hauler, two (2) gravel trailers, one (1) dump truck, one (1) sidekick truck, four (4)
loaders, three (3) semi -tractors, stacked angle iron, rods, piperack and pipes) provided that the
property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior
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to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, based
on the findings as entered into the record. The motion was seconded by Commissioner Freeman,
and it carried unanimously.
• Commissioner Kirkmeyer moved to refer this matter to the County Attorney's Office for
immediate legal action. The motion was seconded by Commissioner Moreno, and it carried
unanimously.
• Commissioner Conway requested that the process going forward be explained to the
applicant and the SPO.
Mr. Choate explained the County Attorney's Office will file an action for injunction requiring
the property owners to remove all commercial business items and bring the property into
compliance. If the property owner refuses to comply or fails to complete this, the secondary action
will be a request to have the court hold the property owner in contempt. He stated Section 24-
50-M states an updated resolution with all the findings will be completed within the next five (5)
business days.
• Commissioner Conway stated staff will need to explain to the applicant the items that need
to be removed. eChair Cozad stated the Board will try to work with people to make sure they
get their property into compliance.
There being no further discussion, the hearing was completed at 10:59 a.m.
This Certification was approved on the 9th day of August, 2017.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld County Clerk to the Board
ounty Attorney
Date of signature: I (t 117
WELD COU,JTY, COLORADO
Juli"fi: ¢ozad, Chair
rbara Kirkmeyer
2017-2355
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