HomeMy WebLinkAbout20143494.tiff HEARING CERTIFICATION
DOCKET NO. 2014-92
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0055, FOR A HOME BUSINESS (STORAGE OF UP TO THREE (3)
COMMERCIAL VEHICLES ASSOCIATED WITH A CONCRETE AND HAULING
BUSINESS) AND ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN
THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND DWELLING ON THE
PROPERTY) IN THE A (AGRICULTURAL) ZONE DISTRICT - ANTHONY AND NANCY
SAN DOVAL
A public hearing was conducted on November 12, 2014, at 10:00 a.m., with the following
present:
Commissioner Douglas Rademacher, Chair
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, Chris Gathman
Public Works representative, Jennifer Petrik
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated October 17, 2014, and duly published
October 22, 2014, in the Greeley Tribune, a public hearing was conducted to consider the
request of Anthony and Nancy Sandoval, for a Site Specific Development Plan and Use by
Special Review Permit, USR14-0055, for a Home Business (storage of up to three (3)
commercial vehicles associated with a concrete and hauling business) and one (1) single-family
dwelling unit per lot other than those permitted under Section 23-3-20.A (second dwelling on the
property) in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made
this a matter of record.
El Chris Gathman, 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. Three commercial trucks will be allowed, one tandem dump truck, 1 ton pick-
up truck and a 3/4 ton pick-up truck, no outside employees will come to the site, and the
business is located in the Country Estates subdivision and needs to meet the home business
requirements, which Mr. Gathman reviewed. There is a second building on the property which
has been converted into a single-family residence, and this USR is intended to address a zoning
violation. The applicants were previously approved, in 2009, to have one commercial vehicle
parked at the property. The parking area is partially screened by a gate and fence with an
eight-foot high privacy wall along the north property lines. Two letters of objection were received
citing an unwelcome precedence for additional businesses to locate in the area, alleging
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HEARING CERTIFICATION -ANTHONY AND NANCY SANDOVAL (USR14-0055)
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dumping of concrete on the property (staff did not see evidence of this), and asserting no
necessity for the second residence as the resident does not need care. The applicant stated
some concrete forms are occasionally stored on the property, but no concrete is ever dumped
there. Mr. Gathman noted the Division of Water Resources mandates re-permitting of the well
to include the second residence. He showed images of the site, aerial photos and maps. IE
Mr. Gathman recommended Condition of Approval #1.F.4 can be removed as it is addressed
through item #1.F.5 which should be modified to read "Landscape/screening shall be indicated.
The three commercial vehicles and any other materials associated with the concrete hauling
business shall be screened from adjacent properties and road right-of-way." He also suggested
Development Standard #21, regarding Design and Operation Standards be removed as
redundant.
Jennifer Petrik, Department of Public Works, provided a brief overview of the transportation
plans and requirements. The access is from Matthews Avenue. The applicants are required to
show the gate set-back as 75 feet from the right-of-way. Ms. Petrik suggested two modifications
to the Conditions of Approval, adding #F.10 regarding the water quality feature on the site, and
the removal of#5.A and #5.B as redundant.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and re-addressed the well issue. She noted Condition of Approval #1 B requires an
engineer's review of the septic system for five bedrooms; if it is adequate, they will pull a minor
permit and if not they can pull a repair permit. If they add employees to the site, they may need
to pull another permit. A Waste Handling Plan is required in case of minor truck maintenance
on site, and also in case the property is sold. In response to Chair Rademacher, she said it is
assumed the septic is tied to the additional residence, but no permit was ever pulled.
Anthony and Nancy Sandoval, applicants, said they have lived here since 2005. Mr.
Sandoval said he rarely uses the dump truck and no one associated with the business comes to
his property. He said he built the wall in order to appease the next-door neighbors, which
seems to have worked, and he confirmed the septic systems for each residence are tied
together. He added that the second residence was already there when he purchased the
property and he just renovated it a little, and his mother lives there now. Mr. Gathman confirmed
no neighbors attended the Planning Commission hearing. In response to Commissioner
Conway, the Sandovals addressed communication with their neighbors.
e No public testimony was offered concerning this matter.
fli Chair Rademacher reviewed staff's changes, done by assent of the Board. Development
Standard #4 was changed to daylight operations. The applicant said he normally works from
8:00 a.m.-5:00 p.m., and Commissioner Kirkmeyer stressed being a good neighbor in terms of
trucks running early in the morning, etc.
In response to Chair Rademacher, Anthony and Nancy Sandoval indicated they have
reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as
amended.
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Commissioner Conway moved to approve the request of Anthony and Nancy Sandoval for
a Site Specific Development Plan and Use by Special Review Permit, USR14-0055, for a Home
Business (storage of up to three (3) commercial vehicles associated with a concrete and hauling
business) and one (1) single-family dwelling unit per lot other than those permitted under
Section 23-3-20.A (second dwelling on the property) 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 amended and 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 10:45 a.m.
This Certification was approved on the 17th day of November, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: c� Cd jeig ��
CG/ Douglas Rademacher, air
Weld County Clerk to the Board
• rbara Kirkmeyer, Pr -Tem
De u .n th Boar.
De u Clerk to th Boar.
L. 'La% Sean P. Conway —J
` ' k ;i1- NI Mike Fr an
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,• jI i li m F. arcia
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