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HomeMy WebLinkAbout20150064.tiff HEARING CERTIFICATION DOCKET NO. 2014-84.C RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR14-0043, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (LANDSCAPE TURF INSTALLATION, TRUCKING AND TRUCK REPAIR SHOP, ALONG WITH OUTSIDE EQUIPMENT/VEHICLE STORAGE AND STAGING) 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- KAY COLLINS AND RYAN GALLATIN A public hearing was conducted on January 28, 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: Acting Clerk to the Board, Tisa Juanicorena Assistant County Attorney, Brad Yatabe Planning Services Department representative, Kim Ogle 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 September 18, 2014, and duly published September 23, 2014, in the Greeley Tribune, a public hearing was conducted on November 12, 2014, to consider the request of Kay Collins and Ryan Gallatin, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0043, for any Use permitted as a Use By Right, Accessory Use, or Use By Special Review, in the Commercial or Industrial Zone Districts (landscape turf installation, trucking and truck repair shop, along with outside equipment/vehicle storage and staging) 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, at which time the Board deemed it advisable to continue the matter to January 7, 2015, and again to January 28, 2015. Brad Yatabe, Assistant County Attorney, made this a matter of record. Kim Ogle, Department of Planning Services, referenced the letter sent on behalf of the applicant requesting withdrawal of the application for Use by Special Review, USR14-0043, dated January 23, 2015. He stated that Mr. Grant, the applicant's attorney, was present and available for questions. CC PI 16-n 04(62/to 2015-0064 PL2301 HEARING CERTIFICATION - KAY COLLINS AND RYAN GALLATIN (USR14-0043) PAGE 2 Tom Grant, Attorney, represented the applicant and expressed his appreciation for everyone's time and presence through the process and confirmed the applicant's intent to withdraw the application. Mr. Gallatin has begun the process of moving his business and is working as quickly as possible to accomplish the move by the end of March. In response to Commissioner Cozad, Mr. Ogle verified it is a zoning violation. Mr. Grant further explained that his client is scheduled for a hearing regarding the zoning violation on February 2, 2015, before Magistrate Gonzales at which time further fines will be imposed with the agreement to dismiss them if the applicant can get his business moved by March 30, 2015, thereby correcting the violation. However, if the business is not moved by that date, the fines will commence. Frank Haug, Assistant County Attorney, clarified the terms of the violation proceedings and stated that the fines would total $6,000 at that time. In response to Commissioner Conway's concerns regarding the time constraints, Mr. Grant assured him that, in fact, it was enough time to accomplish the move. No public testimony was offered concerning this matter. El Commissioner Moreno moved to accept the request of Kay Collins and Ryan Gallatin to withdraw the application for a Site Specific Development Plan and Use by Special Review Permit, USR14-0043, for any Use permitted as a Use By Right, Accessory Use, or Use By Special Review, in the Commercial or Industrial Zone Districts (landscape turf installation, trucking and truck repair shop, along with outside equipment/vehicle storage and staging) 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. The motion was seconded by Commissioner Cozad, and it carried unanimously. There being no further discussion, the hearing was completed at 10:20 a.m. This Certification was approved on the 2nd day of February, 2015. 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