HomeMy WebLinkAbout20143400.tiff HEARING CERTIFICATION
DOCKET NO. 2014-88
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0059, FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER
THAN THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE FAMILY
DWELLING UNIT) 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 -
JOSEPH AND LINDA BAKER
A public hearing was conducted on November 5, 2014, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair- EXCUSED
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Tiffane Johnson
Public Works representative, Wayne Howard
Health Department representative, Lauren Light
The following business was transacted:
Ei I hereby certify that pursuant to a notice dated October 3, 2014, and duly published
October 8, 2014, in the Greeley Tribune, a public hearing was conducted to consider the
request of Joseph and Linda Baker, for a Site Specific Development Plan and Use by Special
Review Permit, USR14-0059, for one (1) single-family dwelling unit per lot other than those
permitted under Section 23-3-20.A (second single-family dwelling unit) and accessory buildings
with gross floor area larger than four percent (4%) of the total lot area, as stated in Section 23-3-
30, per building on lots 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.
Brad Yatabe, Assistant County Attorney, made this a matter of record.
le Chair Pro-Tem Kirkmeyer advised Joseph Baker, with Extraction Oil and Gas, that, since
Chair Rademacher was not able to be present, he had the option of continuing this matter to a
date with the full Board present. However, if he decides to proceed today, it will require three
affirmative votes, or in the case of a tie vote, Chair Rademacher will listen to the record and
make the determining vote. Mr. Baker indicated he would like to proceed today.
Tiffane Johnson, Department of Planning Services, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission into the
record as written for a family dwelling on one parcel. Ms. Johnson said that after a site visit and
discussions with the applicant, the 4 percent actually does not apply, so that section of this
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request should be removed. She reported that Mr. Baker inquired about listing his property,
located in the Enchanted Hills Subdivision, for sale and thus Planning Services received several
phone calls from realtors asking about the status of the property. In 1994, Mr. Baker submitted
and was approved for a medical hardship which allowed for a second residence to be built on
the property; however, the applicant's grandmother has since passed away and thus the
property is no longer in compliance. Ms. Johnson reported the property is well-maintained and
cared for and the residences are located in close proximity to one another, so they appear as
one home looking onto the site. She reviewed surrounding USRs, which include several dog
kennels. She said two letters were received from property owners that live south of CR 22 and
both letters cited the temporary second home, indicating the USR should not be approved
because it sets a precedent which subverts the original intent for the subdivision. Ms. Johnson
stated these are 4.6 acre large agricultural lots, and staff recommends approval.
Commissioner Kirkmeyer confirmed that this is not creating two lots, and that Mr. Baker is
trying to sell the entire property. The two residences need to be permitted in order to sell the
property, and realtors are calling Planning Services to verify that, but the alternative is to
remove the improvements.
E Wayne Howard, Department of Public Works, provided a brief overview of the
transportation plans and requirements, and commented that Maple Street is a local gravel road,
and the applicant has submitted an access permit.
El Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions. She reported that water will be provided by Central Weld Water, the septic
system is adequate for both residences, and no Conditions of Approval were deemed
necessary.
El Mr. Baker came forward, said he basically needs to sell the property for reasons of age
and health, and it would be unfortunate to have to remove his improvements.
la No public testimony was offered concerning this matter.
El Commissioner Kirkmeyer suggested the deletion of Development Standards #5 and #6,
regarding fugitive dust and maximum noise levels, as unnecessary in a residential area, as well
as deleting language in the description referencing the 4 percent. She said she is willing to
support this; however, when this property is sold, a new owner will most likely want to divide the
property into two lots, and she is not in favor of that happening; so, perhaps a Condition of
Approval should be added to address that up front. She made it clear that by approving this
USR, the Board is not approving two lots, because that evades the zoning and subdivision
regulations and the mobile home zoning permit. Commissioner Conway concurred that making
sure there is not an expectation makes sense, but the buyer should be allowed to petition the
Board to split the lots. Ms. Johnson confirmed Planning Services staff would notify a buyer they
cannot support a separation into two lots at this time. Thus, it was agreed, a new Condition of
Approval #2 will be added, stating simply, "It shall be delineated on the plat that this USR does
not create two separate legal lots". Commissioner Freeman said people requesting a second
home via an exemption is a frequent request, so should this always be added going forward on
these types of cases, and the Board concurred it is a good idea.
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In response to Chair Rademacher, Mr. Baker indicated he has reviewed, and agrees to
abide by, the Conditions of Approval and Development Standards, as amended.
Commissioner Freeman moved to approve the request of Joseph and Linda Baker for a
Site Specific Development Plan and Use by Special Review Permit, USR14-0059, for one (1)
single-family dwelling unit per lot other than those permitted under Section 23-3-20.A (second
single-family dwelling unit) 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, based on the recommendations of Planning staff and the Planning Commission, with
the Conditions of Approval and Development Standards as entered into the record. The motion
was seconded by Commissioner Garcia, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:20 a.m.
This Certification was approved on the 10th day of November, 2014.
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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