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HomeMy WebLinkAbout20142967.tiff HEARING CERTIFICATION DOCKET NO. 2014-72 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR14-0037, FOR A HOME BUSINESS (DE FOE'S ROOFING COMPANY) AND FOR ACCESSORY BUILDINGS WITH GROSS FLOOR AREA LARGER THAN FOUR PERCENT (4%) OF THE TOTAL LOT AREA 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 - RODNEY AND TAMMY DE FOE A public hearing was conducted on October 1, 2014, at 10:00 a.m., with the following present: Commissioner Douglas Rademacher, Chair Commissioner Barbara Kirkmeyer, Pro-Tern - EXCUSED 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, Kim Ogle Public Works representative, Don Carroll Health Department representative, Lauren Light The following business was transacted: e I hereby certify that pursuant to a notice dated August 29, 2014, and duly published September 3, 2014, in the Greeley Tribune, a public hearing was conducted to consider the request of Rodney and Tammy De Foe, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0037, for a Home Business (Defoe's Roofing Company) and for accessory buildings with gross floor area larger than four percent (4%) of the total lot area 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. El Chair Rademacher advised Rodney De Foe, that, since Commissioner Kirkmeyer 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, Commissioner Kirkmeyer will listen to the record and make the determining vote. Mr. De Foe indicated he would like to proceed. 12 Kim Ogle, 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. Mr. Ogle explained this is an active zoning violation due to the operation of a business without the proper permits. There are 23 property owners within 500 feet, the site is located in 2014-2967 PL2292 C'C PL, I'W,ttLe t I°lab HEARING CERTIFICATION - RODNEY AND TAMMY DE FOE (USR14-0037) PAGE 2 Aristocrat Ranchettes, but no calls or letters of opposition have been received by staff. Mr. Ogle showed images and maps of the property. Commissioner Conway verified an email of support was submitted by a surrounding property owner. Don Carroll, Department of Public Works, provided a brief overview of the transportation plans and requirements. He said access is off of Good Avenue, a local gravel road, various pick-ups will be accessing the site daily, there are two employees, and the applicant has hired an engineer to evaluate drainage. G Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions: Aristocrat Ranchettes Water supplies water, there is an existing septic system, and a Waste Handling Plan is required and has not yet been received. la Mr. De Foe, applicant, addressed the Waste Handling Plan; staff said his comments submitted in writing would be adequate. His residential roofing business, De Foe's Roofing Company, has been in operation since 1967, and he has lived at the current location for 32 years. Chair Rademacher addressed the Screening Plan, and the Board concluded the words "shall be maintained" are acceptable. Mr. De Foe said his roofing supplies are stored inside a six-foot fence, and the hours of operation are adequate as stated. El No public testimony was offered concerning this matter. G In response to Chair Rademacher, Mr. De Foe indicated he has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards. la Commissioner Conway moved to approve the request of Rodney and Tammy De Foe for a Site Specific Development Plan and Use by Special Review Permit, USR14-0037, for a home business (De Foe's Roofing Company) and for accessory buildings with gross floor area larger than four percent (4%) of the total lot area 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, 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. Commissioner Conway thanked Mr. De Foe for being here today, and congratulated him on four decades of successful business operations. There being no further discussion, the hearing was completed at 10:42 a.m. 2014-2967 PL2292 HEARING CERTIFICATION - RODNEY AND TAMMY DE FOE (USR14-0037) PAGE 3 This Certification was approved on the 6th day of October, 2014. BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO ATTEST: _Width& ufGidAK s (c?� Douglas ademacher, hair Weld County Clerk to the Board EXCUSED Barbara Kirkmeyer, Pro-Tern De u Clerk to the Boar., �` 1 A.;� an P. Conway 1861 Y3� ike Fr an affi.vi `4 Wiliam F. Garci2� 2014-2967 PL2292 L 3 T a w u •5 'ts s 'Ai N f� \J \J "4- t- ?� w — U z U a w z p ce H W O J C \.--)a V >- -J CO W , o 2 a - n M - y wa ! 0-, v -.J w - tom , ! a z Hello