HomeMy WebLinkAbout20143302.tiff HEARING CERTIFICATION
DOCKET NO. 2014-82.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0039, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (HEAVY EQUIPMENT, 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— EUDEN AND BIANCA BALDERRAMA
A public hearing was conducted on December 17, 2014, at 10:00 a.m., with the following
present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem - RECUSED
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Kim Ogle
Public Works representative, Jennifer Petrik
Health Department representative, Lauren Light
The following business was transacted:
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 October 29,
2014, to consider the request of Euden and Bianca Balderrama, for a Site Specific Development
Plan and Use by Special Review Permit, USR14-0039, for any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (heavy
equipment, 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 necessary to continue the
matter to December 17, 2014, to allow for consideration by the Planning Commission. Brad
Yatabe, Assistant County Attorney, made this a matter of record.
Further, a public hearing was conducted on December 17, 2014, to consider the
aforementioned request following sufficient time given the applicant to present at the Weld
County Planning Commission. Brad Yatabe, Assistant County Attorney, again, made this a
matter of record.
2014-3302
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HEARING CERTIFICATION - EUDEN AND BIANCA BALDERRAMA (USR14-0039)
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e Kim Ogle, Department of Planning Services, stated the applicant is requesting a
continuance due to the recent death of their consultant, Larry Carroll. Commissioner Kirkmeyer
recused herself since the Balderamma's purchased this property from her brother. (Clerk's
Note: It was later determined that this was not the correct property and, although Commissioner
Kirkmeyer was recused from this hearing, she will be able to participate in future proceedings.)
El Commissioner Garcia stated it would be appropriate to accept testimony from members of
the public who cannot return at a future date. Deanne Frederickson, AGPROfessionals, LLC,
stated they were contacted by the applicants yesterday, she met them this morning, and she
has only had one day to review the application, therefore, she is requesting a continuance.
El Dale Dexter, surrounding property owner, objected to a continuance due to the Planning
Commission's recommendation for denial.
El Sam Cardillo and his wife, surrounding property owners directly to the east, objected to
the continuance due to the time they have taken off from work to attend two previous hearings
and they would like the matter resolved today. Mr. Cardillo indicated he will be traveling out of
state on January 21st and would have to verify his work schedule as to a better date.
El Commissioner Garcia stated over the years he has been a strong opponent of repeated
continuances; however, he finds the recent death of the applicants' consultant to be an
extenuating circumstance, although he is also very sorry for the inconvenience caused to the
neighbors. Commissioners Freeman and Conway and Chair Rademacher agreed and
expressed their intent to schedule a date that best suites all involved. El Mr. Dexter returned
and inquired if the firm has other associates. In response to Commissioner Conway,
Ms. Frederickson stated Mr. Carroll was the only re resentative of his company and
AGPROfessionals, LLC, was retained only yesterday. Mr. Dexter asked whether next
week would be a possibility, asserting it should not take a month for a consultant to review the
case file. IR Commissioner Freeman expressed opposition to adding another case to the
docket on Christmas Eve and Commissioner Garcia stated one month is a very reasonable
period.
El In response to Commissioner Conway, Esther Gesick, Clerk to the Board, commented
January 28, 2015, would be an option, with all five Commissioners scheduled to be present,
noting there will be two new Commissioners on the Board at that time. Due to the recent death
of the applicants' consultant and the limited amount of time to acquire a new representative,
Commissioner Conway moved to continue the request of Euden and Bianca Balderrama to
January 28, 2015, at 10:00 a.m., for a Site Specific Development Plan and Use by Special
Review Permit, USR14-0039, for any Use permitted as a Use by Right, Accessory Use, or Use
by Special Review in the Commercial or Industrial Zone Districts (heavy equipment, 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 Garcia, and it carried unanimously. There being no
further discussion, the hearing was completed at 10:37 a.m.
2014-3302
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HEARING CERTIFICATION - EUDEN AND BIANCA BALDERRAMA (USR14-0039)
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This Certification was approved on the 22nd day of December, 2014.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
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daisy JCS; gla4ftademacher, Chair
Weld County Clerk to the Board
RECUSED
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2014-3302
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