HomeMy WebLinkAbout20151559.tiff HEARING CERTIFICATION
DOCKET NO. 2015-53
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0025, FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER
THAN THOSE PERMITTED UNDER SECTION 23-3-20.A IN THE A (AGRICULTURAL)
ZONE DISTRICT- LOLITA MILLER
A public hearing was conducted on June 17, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad - EXCUSED
Commissioner Steve Moreno
Also present:
Clerk to the Board, Esther Gesick
County Attorney, Brad Yatabe
Assistant
Planning Services Department representative, Kim Ogle
Planning Services Engineer representative, Wayne Howard
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated May 15, 2015, and duly published
May 20, 2015, in the Greeley Tribune, a public hearing was conducted to consider the request
of Lolita Miller, for a Site Specific Development Plan and Use by Special Review Permit,
USR15-0025, for one (1) Single-Family Dwelling Unit per lot other than those permitted under
Section 23-3-20.A in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney,
made this a matter of record.
el Chair Kirkmeyer advised Lolita Miller, the applicant, that, since Commissioner Cozad was
not able to be present, she had the option of continuing the matter to a date with the full Board
present. However, if she decides to proceed today, it will require three affirmative votes, or in
the case of a tie vote, Commissioner Cozad will listen to the record and make the determining
vote. Ms. Miller indicated she would like to proceed.
la Kim Ogle, Department of Planning Services, presented a brief summary of the proposal
and stated the applicant currently has two land use permits in place, ZPHO11-0007 for a
business, and ZPSD11-0006 for a second dwelling to be used by family members only.
Mr. Miller rented the second dwelling to a friend instead of family causing the violation, which
may be resolved by approval of this USR. Mr. Ogle stated the site is not within the three (3)
mile referral area of any municipality and he reviewed the referral responses and entered the
favorable recommendation of the Planning Commission into the record as written. He displayed
photographs of the site and surrounding area.
/► 2015-1559
CC C.w; PL,a 1/2, PL2351
HEARING CERTIFICATION - LOLITA MILLER (USR15-0025)
PAGE 2
Lolita Miller, applicant, stated the current permit is not workable to rent to family only and
she is requesting the flexibility to rent to others, with no other changes to the permit.
El Jim Miller, applicant's son and resident on the subject site, explained the original intent was
for his daughter to live in the home and he takes full responsibility for renting it to a friend. He
communicated their efforts to get the property into compliance.
Wayne Howard, Department of Public Works, stated most of the detention and drainage
requirements have been waived and there are no issues with the current access location or with
the application in general.
CI Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions stating there is a well permited for three (3) single family homes, and the
septic is adequate. There are no concerns with this application.
ta In response to Chair Kirkmeyer, Ms. Miller indicated she has reviewed, and agrees to
abide b the Conditions of Approval and Development Standards, as amended.
Y, pp p el Commissioner Conway referenced Development Standard (DS) #9 and inquired whether it
was the County's responsibility to enforce compliance with state and federal requirements.
Mr. Ogle stated the importance of ensuring compliance with the CDOT access. Mr. Yatabe
stated all applicants are subject to this requirement and it allows the discretion of the Board with
additional situations. Following discussion, the Board agreed to delete the words "and federal"
from DS #9.
El No public testimony was offered concerning this matter.
e Commissioner Conway moved to approve the request of Lolita Miller, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0025, for one (1) Single-Family
Dwelling Unit per lot other than those permitted under Section 23-3-20.A 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 entered into the record and
amended. The motion was seconded by Commissioner Moreno. Commissioner Conway
thanked the applicant. The motion carried unanimously. There being no further discussion, the
hearing was completed at 10:47 a.m.
2015-1559
PL2351
HEARING CERTIFICATION - LOLITA MILLER (USR15-0025)
PAGE 3
This Certification was approved on the 22nd day of June, 2015.
BOARD OF COUNTY COMMISSIONERS
WELT) COUNTY, COhOR'ADO
ATTEST: (� �� � � Cl ,,�,/ �� ,''ZL �Cu.ak
r� •JC,IID aFbara Kirkme er C air
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Weld County Clerk to the Board le 1YA-kG
n \ Mike Freeman, Pro-Tern
BY: I . 1!l! hlJ r �.1�% `--"
De 4 ut,'Clerk to the Boa d
Sean P. Conway
') ' /►,' EXCUSED
1861 illAcp� Julie ; Cozad
aSteve Moreno
2015-1559
PL2351
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