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Home My WebLink About03/18/1999Minutes of Meeting March 4, 1999 Commissioner GOKEY moved and Commissioner MACD• UGALL seconded to appro the agenda as presented. The motion passed by a vote of 6-0 with Commissioners SHOCKLEY and SNOW absent. I Planning Commission Page 1 03/04/99 0 A. Case No. ZOA-98-01 (Continued from December 17,1998) An application by the City of Wheat Ridge to amend Section 26-30(L) • the code of laws pertaining to the Keeping of Animals and Section 15-23 of the Wheat Ridge code of laws pertaining to the condition of stables, fertzer an f ings. Commissioner GOKEY expressed concern about the lack of definitive guidelines in determining clean-up violations. Mr. White commented that, since this will be very difficult to monitor, the best solution seems to be the suggested change to the nuisance ordinance which requires testimony to be presented in court by two or more neighbors from separate households. Planning Commission Page 2 03/04/99 Ms. Reckert stated that she had thoroughly researched the clean-up matter with many experts • had differing opinions as to the amount of • be .r r to clean up Chair BRINKMA.N invited public comment. The following individuals addressed the Commission. Diane Christensen 4311 Tabor Street Ms. Christensen stated that she was in favor of reducing the 800 square foot pen requirement and also requested that compost piles be permitted, Commissioner THOMPSON 1►r r what the Horse • • r , for pen sizes. She replied that, due to variables in types of s difficult to come up with one a e Planning Commission Page 03104/99 EM if horses,are no longer allowed on a nonconforming property. He expressed concern that this ordinance will be very difficult to enforce. Ms. Reckert explained that if a nonconforming property does not meet new regulations, th ♦ t cease for A than sixty days. I Shirlene Mekelberg 4596 Parfet Ms. Mekelberg agreed with comments made by Tracy Dowson of the Jefferson County Horse Council and stated that she was not in favor of regulating pen size. Bonnie R. Botham 3380 Pierce Street Ms. Wibeen-a�-,mcmbe"f-thc� �tWid since its inception ana statea inal mis Association Ulu OU education, etc. when problems arise in neighborhoods., Chair BRINKMAN asked if the Association had been involved in the recent cases whic' precipitated this ordinance. Ms. Cl. harn replied that she did not know whether the groi had assisted in these two situations. 1 4 Planning Commission Page 4 03/04/99 no means of enforcement. He stated that, since animal waste and odor problems are difficult to prove in court, this requirement would give a judge and jury a basis of testimony to use as evidence in trying nuisance complaints. Mr. White stated that he would prefer to have the city's animal and parks officer provide back-up opinions in these situations. Planning Commission Page 5 03/04/99 Ms. Howard suggested instituting use permits similar to those used by the City of Golden. Ms. Reckert stated that the reason Golden adopted the right to use permit was in order to craft something for each property; however, this permit process doesn't seem to be the sentiment of the citizens of Wheat Ridge. entea MIT, a er tooMnym neighborhood seems to be the only area in Wheat Ridge where a subdivision has designe two cul-de-sacs to back up to each other this drastically. I month span. Ms. Howard replied that she •i• n't know because she ' had not t�;en the pictures. She also stated that the photos were taken two years ago. I K. W. Penn 4675 Parfet Street half-acre and he has two horses, one of which will be removed from the property for approximately one year for breeding purposes and asked, in the event something should happen to his remaining horse, if he would lose the right to keep horses on his property. He asked how horse equivalent units would apply to miniature horses. He also commented that the ordinances are trying to address two complaints while there have never been any problems with horse properties in his neighborhood. Mr. Penn asked if he was going to have rebuild his stud pens. Chair BRINKMAN replied that he would not. In response to a question from Commissioner THOMPSON, Mr. White stated that if a lot is grand fathered in. Mr. White corrected his previous statement regarding continuous use on nonconforming properties. He stated that, as the ordinance is presently written, a horse owner in a nonconforming situation would be allowed to keep the nonconforming status unless the horse is away from the property for two months or longer. Planning Commission Page 6 03/04/99 Mr. White stated that he would not - want a code enforcement officer to be acting as policeman and judge out in the field, but perhaps there was a way to include recommendations from both a code enforcement officer and an animal parks enforcement officer. Rick Lopez 10755 West 46th Avenue Mr. Lopez stated that he was in favor of the proposed ordinance but was concerned about Commissioner THOMPSON's suggestions to require extra cleaning in certain situations. a. En Chair BRfNKMAN asked if there were others present who wished to address the Commission. There was no response. i - -- - 111111p!11�1111 ;;i�=111'11� 11�11liiii�ji�� NWISIX110111 = 6 41101 Z !11111 IIIIIIIII! TIW- revisions to U'c zorlifil; QUA el rclativv Lf UIC KVCPIIIr Ift be approved for the following reasons: The proposed changes to the clean-up period address different sized corrals in residential zones and on substandard agriculturally zoned lots. • 1 1 � � I III qi Commissioner MACDOUGALL stated that, based upon his previous experience in dealing with manure management issues while employed • the Health Department, he felt it will • difficult to enforce the ordinance. �1�111 � I i i i Planning Commission Page 8 03/04/99 EMENMI 1 � �i � lzm�H MOM Mr. White asked for clarification regarding section (L) (1) concerning private stables. Commissioner THOMPSON replied that after hearing Ms. Turner's comments, she was q,atisfied with the present wording. Commissioner COLLINS moved and Commissioner GOKEY seconded that Case No. ZOA- �8-0 1, proposed revisions to the code of laws relative to nuisance regulations, be approved for the following reason: rqm#Tk%M# "I I A. State Beau!y Sup& Chair BRINKMAN stated that lighting in the rear of this property shines directly into neighboring yards on the east of the property and asked that staff contact the owners to redirect the lights. 8. DRCOG 20 20 Plan Commissioner THOMPSON asked if staff would look into the feasibility • purchasing the Ridge Home property as open space under the I)RCOG's 20 20 buffering plan. C. Lingerie Modeling Businesses Commissioner THOMPSON asked if staff had been able 'I address this issue. Mr. White replied that the city attorney is presently reviewing the appropriate regulations. D. Absence Commissioner GOKEY stated that he will be out of town from March 20 through March 28. E. !COMP PLAN Hearino, Mr. White distributed copies of material for discussion at the next Comprehensive Plan hearing to be held on March 18, 1999. Planning Commission Page 9 03/04/99 w-10 ma awn Rim &IM I= C:kBarbara\PCRPTS\PLANrjCOM\PCMtNUM- 1999\990304,wpd Planning Commission Page 10 03/04/99 City of Wheat Ridge FROM: ALAN WHITE, Director of Planning and Development 1 4 # 4 • 11111 111 111 11 M ill 11 11 #1 liffifflliq �R I i � I r i 115MRS MO., C:\Barbara\ALAN\compplaninfo,wpd