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Home My WebLink About20150220.tiff HEARING CERTIFICATION DOCKET NO. 2015-02.A RE: CHANGE OF ZONE, COZ14-0006, FROM THE R-2 (DUPLEX RESIDENTIAL) ZONE DISTRICT TO THE R-3 (MEDIUM RESIDENTIAL)ZONE DISTRICT—VICKI LAKE A public hearing was conducted on January 14, 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 Commissioner Steve Moreno Also present: Clerk to the Board, Esther Gesick Assistant County Attorney, Brad Yatabe Planning Services Department representative, Diana Aungst Planning Services Engineer representative, Jennifer Petrik Health Department representative, Lauren Light The following business was transacted: El I hereby certify that pursuant to a notice dated November 26, 2014, and duly published December 1, 2014, in the Greeley Tribune, a public hearing was conducted to consider the request of Vicki Lake, for a Change of Zone, COZ14-0006, from the R-2 (Duplex Residential) Zone District to the R-3 (Medium Residential) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record. E Diana Aungst, Department of Planning Services, presented a brief summary of the proposal to bring the existing triplex into compliance. Records indicate the property was built as a duplex in 1976, with the basement partially finished in 1978 and used as a triplex since then. The original zoning map from 1971, Z-180, shows the subject property as a duplex. The zoning for this tract was changed in 1981 to R-2 (Duplex Residential) causing the subject property to be in violation. The applicant is working diligently to get into compliance. The Planning Commission recommended approval. In response to Commissioner Cozad, and regarding the Town of Windsor property annexed on the northeast, future plans are not known and the Town of Windsor indicated no concerns. Jennifer Petrik, Department of Public Works, provided a brief overview of the transportation plans and requirements. The property is adjacent to Northwest Drive which is a County maintained road, and CR 76 which is maintained by Windsor. Access Permit #AP14-00483 has been approved for two accesses off of Northwest drive. There are no concerns regarding the proposal. Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions. North Weld County Water District provides the water service. There are no issues with this request. �` CC:?I Lfbtana slam. >'7ag 2015-0220 PL2312 HEARING CERTIFICATION -VICKI LAKE (COZ14-0006) PAGE 2 SE Vicki Swenson, aka Vicki Lake, stated she acquired the property in 2011 as a triplex. She believes it was built as a triplex and stated her plot was designated a duplex on the original H-UD map; however, on this map it stated an R-2 could be changed to R-3. The applicant believes it was built as a triplex because the finishes are original, and there are three separate doors, legal addresses, utility meters, and accesses. This property has been used as a triplex for 40 years and there is no evidence it was finished later. She does not agree with the County's rezoning of the entire neighborhood as R-2 in 1981 when there are five original R-3 properties. Ms. Lake said she is already $12,000 out of pocket with expenses related to her efforts to get this property into compliance. In response to Commissioner Cozad asking how the zoning violation was discovered, Ms. Lake communicated her inquiry to split the property to make room for an outbuilding resulted in the zoning violation. Pi Commissioner Moreno stated his observation of only two garages. The applicant explained the parking was off-street for the third unit. la No public testimony was offered concerning this matter. la In response to Chair Kirkmeyer, Ms. Aungst explained the mass rezoning of all parcels in Weld County in 1981. This neighborhood was changed from H-UD to R-2 and the triplexes other than Ms. Lake's are considered non-conforming. El Chair Kirkmeyer requested the County make corrections instead of the applicant. In response to Chair Kirkmeyer, Mr. Yatabe stated the County does have the ability to make zoning changes of its own accord requiring the probable process of noticing, referrals, and a separate hearing. Fl Regarding the Condition of Approval to meet the code requirements of the Department of Building Inspection, Commissioner Cozad asked if it was possible to eliminate the need for compliance with current code stipulations which would require attaining building permits and incurring more costs up front. Mr. Yatabe suggested there may be a possibility of grandfathering in the existing standards with the exception of safety issues that may need to be addressed. Commissioner Conway offered an apology to the applicant expressing disappointment in the process. He further suggested a continuance to allow time to work with the Planning Department to fix the zoning mistake of 1981, thereby correcting all five triplex properties to be in compliance. Commissioner Freeman concurred this is a matter the County needs to fix. Chair Kirkmeyer suggested a continuation for at least 30 days. In response to Chair Kirkmeyer, Esther Gesick, Clerk to the Board, offered March 4, 2015, and Vicki Lake indicated agreement with the continuance. She clarified her loss of income was not solely County incurred fees, but also costs related to steps toward compliance and lost income because of evicting a renter based on the violation requirement to vacate. The Board agreed to allow the applicant to reinstate a renter effective immediately. Fl Commissioner Conway moved to continue the request of Vicki Lake, for a Change of Zone, COZ14-0006, from the R-2 (Duplex Residential) Zone District to the R-3 (Medium 2015-0220 PL2312 HEARING CERTIFICATION -VICKI LAKE (COZ14-0006) PAGE 3 Residential) Zone District, to March 4, 2015, at 10:00 a.m. The motion was seconded by Commissioner Freeman, and it carried unanimously. There being no further discussion, the hearing was completed at 11:20 a.m. This Certification was approved on the 19th day of January, 2015. BOARD OF COUNTY COMMISSIONERS WE D COUNTY, COL RADO ATTEST: ditto) ,� arbara Kirkmey er, hair Weld County Clerk to the Board Mike Freeman, Pro-Tem BY: Q4,LI LI— Cd}t L W_ De u Clerk to the oard • arni., rrP ID451 ]E L .% can P. Conw 11861 t?fit lie A. Coz d v-4; % • iiiiii to i ti N- Steve Moreno 2015-0220 PL2312 /\ I \% e � i / a i. \ / w \\\ Ak g \/ \ L a. % � any . \ 0 / W tocj ° C � \ � j \ . . ® N . \ 1; ,t. qv - ? _ - [ } w , ° ] \ (1-4-Q;-4-Q;\ \ / ----. k± 7 L9 '''\, c I� _ a k \ a O . \ k . VI / ® Z \ / \ � § \ ] 2 9 � r g / � n . © % S 2 114 % c \ * c / / / g \ k � � z / ^ � 2 1 4 \ c § $ 11 j \ 5 G % u T ° 2 k Hello